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THE GIFT OF

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AumA'/.. //<^/tP..

THE

WAR OF THE REBELLION:

A COMPILATION OF THE

OFFICIAL REOORDS

UNION AND CONFEDERATE ARMIES.

I'OBLISHBD UXDKU THE DIIIKCTION OF

The Hon. ELIHIT ROOT, Secretary of War,

BRIG. GEN. FRED C. AINSWORTH,
Chief of tiik Rkcoru and Pbxsion Offick, War Department,

AM)

MR. JOSEPH W. KIRKLEY.

SEEIES IV— VOLUME L

Section 2

WASHINGTON:

GOVEKNMENT PKINTING OFPtCE.
1900.

CONFEDERATE AUTHORITIES. 615

Richmond, Va., Sepiember "20, 1861.
Govej-nor Joseph E. Brown,

Griffin, Oa.:
The arms on the steamer Bermuda belong chiefly to private owners,
and we are endeavoring to secure as many of them as possible. We
are compelled first to arm regiments now here awaiting arms. Will
do the best we can for you.

J. P. BENJAMIN,
Acting Secretary of War.

[September 20, 1861. — For Moore to Davis, in relation to organiz-
ing the militia of Louisiana, see Series I, Vol. VI, p. 740.]

Richmond, Va., September 21, 1861.
Col. Howell Cobb,

Provisional Army, C. S.:
Sir: On the IStli instant I received an unofficial copy of a resolu-
tion of the Congress, which requested me "to cause to be prepared a
stand of colors and a sword, to be furnished and paid for out of the
fund placed at the disposal of the President by the contribution of
the members of this body, to be presented to Col. Howell Cobb, as a
testimonial of the high esteem in which his patriotic services are held
by the members of the Confederate Congress." The stand of colors
has been prepared and will be delivered to you by my aide-de-camp,
Colonel Davis, and you will accept assurance of the confidence I feel
that this flag, intrusted to you as the commander of a regiment of
Georgians, will be gallantly borne wherever our country's need may
claim it, and be sustained with such heroism and patriotic devotion
as shall further illustrate the proud history of Georgia. The balance
of the fund, which has been handed to me by the Hon. C. J. McRae,
will be applied to the procurement of a sword, which will be trans-
mitted to you as soon as obtained. Had the request of the Congress
been more promptly communicated it would have received earlier
attention.

Very respectfully, &c., JEFF'N DAVIS.

Confederate States of America, War Department,

Richmond, September 21, 1861.
General S. R. Gist,

Charleston, S. C:
Sir : I am directed by the Secretary of War to say, in repty to your
letter of the 18th instant, that he regrets it is impossible to comply
with your request. The arms are required for regiments in camp
here, which are needed for immediate active service
Respectfully,

A. T. BLEDSOE,
Chief of Bureau of War.

[September 21, 1861. — For A. S. Johnston to Harris, calling for
30,000 men from Tennessee, see Series T, Vol. IV, p. 417.]

[September 22, 1861.— For A. S. Johnston to Rector, calling for
10,000 men from Arkansas, see Series I, Vol. IV, p. 423.]

616 COERESPONDENOE, ETC.

[September 22, 1861.— For A. S. Johnston to Pettus, calling for
10,000 men from Mississippi, see Series I, Vol. IV, p. 421.]

Office of the Mississippi and Central, R. R. Co.,

Holly Springs, September 22, 1861.
Hon. Jefferson Davis,

President Confederate States of America, Richmond:
Dear Sir: Supposing the most speedy manufacturing of arms for
the Confederate Army, and the keeping in good order the equip-
ments of the various railroads in the Confederate States for the expe-
ditious movement of troops and munitions of war, to be of great
importance, and perhaps vital to our success, and knowing the diffi-
culty of obtaining the requisite number of mechanics to accomplish
this object, pardon me for suggesting that permission be granted to
look for mechanics among the volunteers of the Army, and if any be
found that leave of absence be granted them on condition that they
engage their services to some one of the many who would gladly
employ them during the continuance of their furlough. It is well
known that many valuable mechanics felt it to be their duty to tender
their services to the country, who now occupy places in the Army, and
whose place could be supplied by those not mechanics. By this
method, carefully pursued, it is probable many shops now almost des-
titute of mechanics could be supplied and the number of workmen in
others increased.

With respect, I remain your obedient servant,

W. GOODMAN.

[Indorsement.]

Secretary of War:

The within suggestion has been complained of by others. In some
instances a remedy might be found in transfer to local defense.

J. D.

[September 23, 1861. — For Benjamin to Clark, requesting the issue
of a proclamation calling out the militia of certain counties in North
Carolina, see Series I, Vol. IV, p. 655.]

Charleston, September 23, 1861.
Hon. J. P. Benjamin,

Secretary of War, Richmond:
Dear Sir: We have this moment received your telegram asking us
to send on an agent if we are prepared to contract on the subject men-
tioned to Mr. Hanckel, which we understand to mean powder. We
are not prepared to enter into any contracts, being ignorant what our
friends in Liverpool may be able to accomplish in the way of procur-
ing and shipping a large quantity. At the instance of General Ripley
we are sending out an order for 100,000 pounds for the Government,
and we are sending also for 100,000 pounds for the State of South
Carolina. In addition to these quantities we shall direct our friends
to send out 250,000 pounds at our own risk. We are taking every
precaution to insure success, but the result is at least doubtful. Should
the Government desire to send any further orders, wo shall be happy
to attend to them.

Yours, most respectfully,

JNO. FRASER & CO.

confederate authorities. 617

Confederate States of America, War Department,

Richmond, September 2^, 1861.
Col. A. C. Myers,

Acting Quartermaster-General :
Sir : The number of engines and cars on the East Tennessee and
Virginia Railroad is totally inadequate to the transportation service
of the Government. Both engines and ears are required. The num-
ber of engines required is six, at least twenty-six tons. The number
of cars required is seventj' box-cai-s. The two companies supposed to
have the largest available means now disposable for this purpose are
the Western and Atlantic Railroad Company, of Georgia, and the
Mobile and Ohio Railroad. You are instructed to make immediate
effort by one of your efficient officers to obtain from those companies
by contract the engines and cars thus imperatively I'equired for the
public service. If iinable to obtain them by contract you are author-
ized to impress them and have a just estimate of their value made, to
serve as a basis of settlement with the owners.
Your obedient servant,

J. P. BENJAMIN,
Acting Secretary of War.

Richmond, September 26, 1861.
Col. W. S. Ashe,

Richmo7id, Va. :
Sir: Under the authority of the War Department to provide the
means of increasing the motive power and rolling-stock on the East
Tennessee and Virginia Railroad you will please proceed to the West-
ern and Atlantic Railroad and the Mobile and Ohio Railroad and pro-
cure from one or the other, or both, six locomotives and seventy box-
cars, if that number be required, and have them placed under the
orders of Campbell W^allaee, who has taken charge of the East
Tennessee and Virginia Railroad. You will please contract for the
purchase of the engines and cars, if it can be done on such terms as
you consider fair. If you cannot purchase you are atithorized to
impress the engines and ears and have them appraised so that they
may be paid for by the Government of the Confederate States.

A. C. MYERS,
Acting Quartermaster- General.

[September 25, 1861. — For Bragg to Benjamin, with reference to
appointments of officers from the old United States service, see Series
I, Vol. VI, p. 744.]

Headquarters Military District,

Savannah, Sex)tember S5, 1861.
General S. Cooper,

Adjutant- General, Richmond, Va.:
General : As no instructions have been sent me in reference to
the rifled cannon and small-arms which arrived here by the steamer
Bermuda, and there ai-e thousands of unarmed men offering to organ-
ize for the defense of this coast, I have taken possession of such
portion of these arms as are understood to belong to the Confederate

618 COREESPONDENCE, ETC.

Goverument. Before this letter reaches you most of these arms will
probably be placed in the hands of troops actually mustered into the
service of the Confederate States. The pressing necessity under
which I labor has forced me to assume this responsibility, and I trust
the Department will see that I could not have acted otherwise. The
people of Georgia are at this moment in the greatest alarm at the
intelligence, which seems reliable, that the mammoth expedition now
being fitted out in New York is intended for Brunswick, on the lower
part of the coast of Georgia. Thousands of able-bodied men are
offering their services for the defense of the soil, but Georgia has
been stripped of all arms intended for war purposes, and she has
even quite exhausted the supply of private arms to siipply her soldiers
on the frontiers of Virginia. This arrival by the Bermuda at such a
juncture seems to them providential, and I could not be responsible
for the consequences if the attempt is made to remove them all from
the State at such a critical moment. I trust that my action may be
approved and that I may be notified at once by telegraph to quiet
all apprehension on the subject. I will endeavor to confine myself in
the distribution of these arms to the use of 3,000 of the Enfield rifles
and six pieces of rifled cannon, and will be happy to direct the ship-
ment of the remainder to such places as may be indicated. In order
to insure prompt delivery of this communication and early attention
to its contents, I send it by the hands of my volunteer aide-de-camp,
Capt. Duncan L. Clinch, who is fully possessed of my views in the
premises, and can give explanations and take charge of such commu-
nication as you may desire to make in reply.

I am, general, A-^ery respectfuUv. your obedient servant,

A. R. LAWTON,
Brigadier- General, Commanding.

[September 25, 18G1. — For Benjamin to Polk, authorizing the
organization of troops at Columbus, Kj'. , for local defense, see Series
I, Vol. IV, p. 425.]

War Department, Ordnance Office,

Richmond, September 26, 1861.
Hon. J. P. Benjamin,

Secretary of War:
Sir: I have the honor to inclose herewith, in obedience to request
contained in your letter of the 22d, statements as follows, viz: (1)
Statement of ammunition subject to the order of the Ordnance Depart-
ment, with the places of deposit. (2) Statement of small-arms sub-
ject to order of Ordnance Department, and where deposited. (3)
Statement of artillery subject to the order of Ordnance Department,
and where deposited. (4) Statement of outstanding contracts for
small-arms and artillery given by the Ordnance Department. (5)
Statement of establishments for the supply of ammunition, small-
arms, and artillery under the control of the Government.
All of Vi'hich are respectfully submitted.

Very respectfully, your obedient servant,

J. GORGAS,
Lieutenant- Colonel and Chief of Ordnance.

CONFEDERATE AUTHORITIES.

[IncloBureK.I

619

No.

i.— Statement of ammunition subject to the order of the Ordnance Depart-
ment, with their places of deposit, on the 30th of June, ISGl.

Name or place of deposit.

s
B

at
1

|i
1

1
Q

O
S

si
5

H
S

3 .

a
P

O
A

CbaTleston Arsenal, S. C

Rounds.
86, 700

Rounds.

Lbt.

Lbs.
1,100

Lbs.
600

Lbs.

Fayetteville Armory, N. C

Augusta Arsenal, Ga

303, 190
29,688
111, 000

24,700

4,200
1,150
3,420

:::::::::::::::

13, 800
17,350

77,001)

2, 000

Eaton Kouge Arsenal, La

1,220

28, 400

Little Rock Arsenal, Ark.a 1

Texas Arsenal, San Antonio, Tex.

200

36, 580

900

:::::::::::::::::

Savannah Depot, Ga -

8U0

2,590

KashvJUe (Tenn.) Depot a

Norfolk Depot, Va. a

130,630

4, 792

11, 800

1,780

4,825

Fort Brown a

::::::..;:;::;::

11,470
6,670

211
2.312
4,115

1,750
23, 450
19,900

75
075
50O

12
1,175

FortCaawell

1,050

Castle Fincknev a.

25,670
1,600

1,424

6, 3i8
2,470

:..

Warrington Navy- Yard.Pensacola

274, 666

9,787

13, 775

1,465

Confederate States Laboratory,
Kicfamond.

Headqaarters of General Magru-
der.o

Headquarters of General Beaure-
gard, a

Headqnartersof General Holmes.

Headquarters of General J. E.
Johnston, a

198, 500

27,717

112

3U0

Headquarters of General Floyd a.

Johnston, a
Headquarters of General Hardee o .
Headquarters of General McCul-

loch. a
Oak Island Battery (Cape Fear

River).
Confederate Point Batterj' (Cape

Fear River).
Zeek's Island Battery (Cape Fear

River)

Wilmington, N. C

Headquarters Lynchburg

■'

90
260
117
1J5

1,200

900

1,200
4,800

140

Total

1,252,615

24,575

133, 803

15, 175

34, 804

81, 825

2,000

1,050

a No return received.

J. GORGAS,
Lieutenant-Colonel and Chief of Ordnance.

Ordnance Office, September S4, 1S61.

620

COREESPONDEXCE, ETC.

No. 2.— Statement of small-arms subject to the order of the Ordnancx Department,
ivith their 2)laces of deposit, on the 30th of June, 1861.

"Where rleposited.

p
?^

1,273

M
584

§
1

«
0

m
%

n
0

5
0

.11

it
£

>
(A

ai
"ta

a
.2

'tn

553

247

84 i....

Little i^ock Arsenal &

;;;::!

....

137

' 1

183
90

Fort Caswell/.

"9.)'

Port riko&

Fort Pnliislii ^> i

j 1

Fort Gaines '.

Fort Smith h

398

Galveston ft

Berwick Bay ft 1

Fernamlinaft

Norlolkft

Ileaclqnarters General Mapniner ft .
Headquarters General licaiii-egard ft

atuii.ft
Headquarters General Leeft

Headquarteis General P''lovd ft

Headquisricrs General A. S. John-

ston, ft
Heailquarters General Hardee ft

Fort Clarlii

Headquarters Lj-'nchbury

705

Total

2,9i)2

351

627

456

oThirty-lwo niuskcts damaged.
6 No return,
c Unserviceable.
d None on band.

e Seventeen uuserviceable.

/ Four muBkets defective.

g 1,000 unserviceable pistols, navy.

ft No report.

i One ritlc irreparable.

Ordnaxce Office, September ^4^ 1861.

J. GORGAS.

CONFEDERATE AUTHORITIES.

621

No. 3. — Statement of artillery subject to tlie order of the Ordnance Department,
and their places of deposit, on the 30th day of June, 1861.

'Wbore deposited. T;

3
®

§
ho

i
1

fib

a
£

1
1

1
s.

■3
.3

a
.5

o -^

£«

= E =
S 5 2

b: P

p
a

o
s

s
■3

o
p

"^
.5

'%■

.a
u
a

Ordnance Store -house,

Kichniond. a
Chaile.ston Arsenal a

1 1 1

1 1 I

PavetteviUe Arseual&

■ ""I"' "'"1

Augusta Arsenal

Mount Vernon Arsenal...

...
1

Apalachicola Arsenal b

i. .

. . 1

...j...

LifJe Keck Arsenal b

■

Jlontgonierv Depota

1 i

... ---i---

Port Morgan

2 1 2

: ■■

Fort John.ston

2
13

5
3

Fort Caswell !

1
1

...

Philip, c 1
FortPikeb ' ..

Fort Sumterft. ...- '

Castle Pinckney 6 '

Oak Point Battery, "Wil-
mington.

...

Fort Smith 6

"Warrington Navy- Yard ..

Berwick Bay&

Fornandinad

Is^orfolkfi

Headquarters General

Magruder. b
Headquarters G< n e r a 1

Beauregard, b
Headquarters General

Kulnies. b
Headquarters General J.

E. Johnston. 6
Headquarters General

Lee. 6
Headquarters General

Floyd, b
Headquarters General

^yise. b
Headquarters General A.

S.Johnston, b
Headquarters General

Hardee. 6
Headquarters General

McCunoeh.&
Confederate Point Bat-
tery. Tfilmington.

1
1

]

■■■|

ton.

...

4
150

: ":::.:.

101

■

Total

2 |12 1 4
I 1

2 1 32

2 1 13

6 No returns.
<>i)() 24.poiiii<ler not mounted at Ports Jac.kBoii nnrt Raint

J. GORGAS.

Orun'.\.n'ce Office, September .->, t.wi.

a^i)iic on hand.

cSevrnlei'u 24-poundei'rt not mounteil
PLilip.

622

CORRESPONDENCE, ETC.

No. 4. — Statement of outstanding contracts.

SUMMARY.

S-inch colnmbiads _ 340

10-inch columbiads _ _ 180

lo-inch columbiads - 15

8-inch carriages and chassis. 150

10-inch carriages and chassis _ 100

15-inch carriages and chassis 15

6-pounder gun carriages - 135

6-pounder caissons _ _ 105

12-pounder howitzer carriages and caissons.. — 6

24-pounder siege carriages 30

Portable forges 84

3-inch rifled guns . . _ 131

12-pounder iron howitzers - 81

24-pounder iron howitzers 40

Brass 6-pounders _ - - 6

24-pounaer iron howitzer carriages. _ _ 40

Sabers 13,700

Grape-shot revolvers _ - - - 5, 000

Kifled muskets 20,000

Rifles - --- -16,000

Sword-bayonets - - - 4, 000

Breech-loading carbines - - - - - 5, 000

Lances -- - 1,000

J. GORGAS,
Lieutenant-Colonel and Chief of Ordnance.
Ordnance Office, September SH, 1861.

No. 5. — List of establishments for the supply of ammunition, small-arms, and
artillery under the control of the Oovemment.

!Name uf establitthmeBt.

In vhat mannfacture
engaged.

Production.

1 ; C. S. Laboratory, Riclimoud

50. QUO to 100,000 rounds small-arms, 900

field artillery, per day.
From Sept. 15, 1861, 1,000 per month.
From Mar. 1, 18(i2, 500 per month.
20.000 to 30,000 per day small-arms, and

preparing to turn out field artillery.
15,000 to 20,000 per day aniall-anns, and

preparing to turn out (ield artillery.
10,000 to 15,000 per day small-arms, and

preparing to turn out field artillery.
30,000 to 40,000 per day Bniall-arms. and

preparing to turn out field artillery;

also one field carriage per week.
5,000 to 10,000 amall-arms.
Do.

do .

Ammunition and ar-
tillery carriages.

Virginia Military Iiialitute

"Norfolk

There is also an establishment At Asheville, N. C, for thit manufacture, iilteratiun, and rejiair of
email-arms, but no report as to its capacity has been receiToil.

J. GORGAS,
Lieutenant-Colonel and Chief of Ordnance.

Ordnance Office, September ai,. ISGI.

[September 26, 1861. — For Davis to Moor<^, in relation to the
defense of the coast of Louisiana and the approaches to New Orleans,
see Series I, Vol. VI, p. 746.]

confederate authorities. 623

Treasury Department,

September 27, 1861.
His Excellency Jefferson Davis,

President of the Confederate States of America :
The returns of the war tax of the State of Louisiana have been
completed for all the districts except six, and as to these six the
circumstances of the country will prevent their completion for sevei-al
months. An estimate has been made of the probable tax of these
districts by the chief collector, and the aggregate for the whole State,
including these districts, will amount to about $2,700,000, from which
deduct 10 per cent., $270,000; net tax, $2,430,000; the State of Loui-
siana has paid into the Treasury $2,500,000; excess, $70,000. Assum-
ing this statement to be nearly correct, the State has overpaid to this
Government $70,000, and the Governor of Louisiana desires that
amount to be refunded, subject to a final adjustment whenever the
assessments and returns are all completed.- The application is so
reasonable that I beg leave to submit an estimate for the same, and
to recommend that an appropriation be made for repaj'ing the amount,
subject to the final adjustment, as above stated.
Very respectfuUj', your obedient servant,

C. G. MEMMINGER,

Secretary of the Treasury.

Confederate States of America, War Department,

Richmond, September ,?7, 1861.
Messrs. John Frasbr & Co. :

Gentlemen: I have your favor of the 23d instant. I understood
from Mr. Hanckel that you proposed to place the Bermuda at the
service of the Government bj^ way of charter, and on conference with
the Secretaiy of the Navy we concluded that we could employ her
whole tonnage if the terms were mutually satisfactory. It was for
that reason I telegraphed a request that you would send us some per-
son authorized to contract for your house in the matter. Having said
thus much by way of explanation, I now add that I heartily approve
of the arrangement made with you by General Ripley for bringing
out 100,000 pounds of cannon-powder for the Government. I will not
request from you, under the circumstances, any further attention in
behalf of the Government, satisfied from your known zeal and patriot-
ism that your house in Liverpool will aid our agents there in any
manner in their power, and Captain Huse will recetve renewed
instructions to apply to them, in full confidence that they will cheer-
fully facilitate any arrangements he may desire to make.
Your obedient servant,

J. ]'- BENJAMIN,
Acting Secretary of War.

[September 28, 1861. — For Pettus to A. S. Johnston, in relation to
a call for 10,000 troops from Mississippi, &c., see Series I, Vol. IV,
p. 431.]

624 corkespondence, etc.

Headquakters South Carolina,

September 28, 1861.
Hon. J. P. Benjamin,

Acting Secretary of War, Michmond, Va..
Sir: I have raised, under requisitions from your Department, five
regiments of volunteers for the war, and am now engaged in prepar-
ing for the defense of our coast, and would most respectfully ask that
no one be authorized from your Department to raise additional troops
from this State without the knowledge and consent of the Executive.
Having sent some 11,000 stand of arms to Virginia, in the hands of
volunteer troops, for Confederate service, from this State, I find some
diffteulty in procuring suitable arms for the troops I am now engaged
in raising, and would be grateful for any assistance you may afford
me in this belialf.

I am, sir, very respectf ull}% your obedient servant,

F. W. PICKENS.

Confederate States of America, War Department,

Richmond, September 29, 1861.
Brig. Gen. A. R. Law^ton,

Savannah, Ga. :

Sir: Your letter of the 25th instant to the Adjutant-General has
been submitted to me and by me to the President, and it is my duty
to inform you that the 'Government finds matter for grave censure in
your conduct. Your letter states that you have taken possession of
arms belonging to the Government without a shadow of authority for
so doing, and gives as a reason that "no instructions had been sent
you in reference to the rifled cannon and small-arms," and "there
are thousands of unarmed men offering to organize for the defense of
this coast." The Department is utterly at a loss to conceive on what
ground you could expect instructions in relation to these arms. It
acts through its appropriate bureaus, and had given instructions in
relation to the disposal of them to the chief of tlie Ordnance Bureau,
the officer charged by law and by the organization of this Depart-
ment with that duty, and it could no more suppose you would inter-
fere in a matter which in no wise concerned your command than that
you would assume to exercise authority in Virginia or Missouri ; nor
does any urgent necessity, such as you allege, seem to have existed.
Whatever extenuation might properly be conceded to the case of an
officer commanding on a distant frontier cannot justly be applied to
your case, because it was within your power to ask instructions by
telegraph or to crave permission to use the arms for the exigency of
a sudden attack. Instead of so doing you informed the Department
by telegraph of your intention to seize these arms, to which no other
answer could be made than to renew the order to the Ordnance
Bureau to have them disposed of in conformity with previous orders.

It is scarcely necessary to observe that if the Government cannot
have its property intended for public defense landed or deposited at
any point of the Confederacy without being exposed to have it seized
and appropriated by its officers to meet supposed local exigencies, it
would be better to abandon at once all attempts to conduct the
defense of the country on an organized system and deliver over the
control of the military operations to tlie local militia or to popular
meetings. I deeply regret the ne<'('ssity of making tliese remarks.

CONFEDERATE AUTHORITIES. 625

confident that your error has been one of judgment only, but the
occasion requires the expression of decided disapprobation from this
Department of action which, if unchecked, wOuld have the most dis-
astrous effect on the public weal. You are instructed to return to
the ordnance office having control of this property all the arms
mentioned in your letter, except 1,000 rifles and 1 rifled cannon,
which the Department has appropriated for the use of your command,
and had ordered to be delivered to you.
Your obedient servant,

J. P. BENJAMIN,
Acting Secretary of War.

Confederate States of America, War Department,

Bichmond, September 29, 1861.
His Excellency Thomas O. Moore,

Governor of Louisia/na, New Orleans:
Sir: In the letter of this Department to Your Excellency of June
30, 1861, calling for the organization of a reserve army corps, &c., the
selection of the camps of instruction to which these troops when
enlisted should be assigned was left to the discretion of Your Excel-
lency. I have now the honor to request Your Excellency to furnish
to this Department a statement of the location of these camps of
instruction, the names by which they are called, the post-ofl&ces by
which they may be addressed, and the number and organization of
the troops there encamped under the call referred to. I would also
respectfully request the favor of Your Excellency to furnish, so far as
may be within your knowledge, a similar list of any other camps of
instruction which may have been established within your State.
Very respectfully,

J. P. BENJAMIN,
Acting Secretary of War.

(Same to the Governors of the several States.)

[September 29, 1861. — For Moore to Benjamin, in relation to organ-
izing troops and procuring arms, &c., see Series I, Vol. VI, p. 747.]

Adjutant-General's Office,
New Orleans, La., September 29, 1861.
Maj. Gen. J. L. Lewis,

First Division Louisiana Militia, New Orleans, La.:
General : The major-general commanding has decided not to make
use of the services of the companies of colored citizens tendered him
as an escort for the prisoners of war, and instructs me to communicate
his decision to you.

He thanks them for the promptness with which they answered the
call, and is assured that they will be equally ready upon a more
important occasion.
I have the honor to be, general, very respectfully, your obedient

servant,

JNO. G. DEVEREUX,

Lieutenant and Acting Assistant Adjutant- General.
40 R K— SERIES IV, VOL I

626

CORRESPONDENCE, ETC,

Adjutant and Inspector General's Office,

Eichmond, September SO, 1861.
General S. Cooper,

Adjutant and Inspector General, Richmond:
General : In answer to an inquiry dated September 22, from the
Honorable Secretary of War, I have the honor to submit the following
reports, viz:

I. Statement of the whole number of first lieutenants in the C. S.
Army, the whole number appointed to date, and the number of vacan-
cies to be filled.*

II. Similar statement of second lieutenants.*

III. Tabular statement of the regiments, battalions, and independ-
ent companies mustered into service from each State and their present
location.

IV. Statement of generals who are in independent commands, with
a list of the generals subordinate to them.

In regard to the clerical force in this Department, about which the
Secretary inquires, I would respectfully suggest that temporary
employment is now ready for at least three more clerks. The constant
increase of papers and business cannot be attended to by the present
force.

The returns from many States are so very incomplete and the com-
manders of regiments, &c., have been so remiss in forwarding muster-
rolls and returns to this Department as to render a complete report
out of our power. The State of North Carolina, furnishing twenty-
six regiments, has only four regiments whose muster-rolls have been
received. The State of Virginia, with over sixty-five regiments, has
many rolls of independent companies which cannot be classified, from
our ignorance of its regimental organizations. Return No. Ill gives
as a total 254 regiments. Other regiments are organized and organ-
izing which are yet unreported.

I am, sir, respectfully, your obedient servant,

V. D. GRONER.

m. — statement of the regiments, battalions, and companies mustered into the
service of the Confederate States.

ALABAMA.

13'iLmber of regiment or bat-
tahon.

Commander.

Station.

pirst

Col H. D. Clavton

Col. Henry Manry

Fort Morgan,
Norfolk.

Fourth ..-■

Col E J Jones

Fifth

Col. R. E. Rodes

Do.

Sixth

Col J J Seibela

Col. S. A. M. Wood

Eighth

Col. John A. Winston

Col C M.Wilcox

Ninth

Teoth

Col. John H. Forney

Col. Sydenham Moore

Col. Theodore O'Hara

Col.B.D.Fry

Do.

Twelfth

Thirteenth

Col. Thomas J. .Tudge

Camp of Instruction, Anburn, Ala.

Fifteenth

Sixteenth

Col. W. B. Wood

Col. Thomas H. Watts

Col. B. C. Bnllock

Col. Joseph Wheeler

Uamp of In8tmction,Shorter'sDepot,Ala.
Camp of Instruction, Auburn. Ab.
Camp of Instruction, Hunts-rille, Ala,

Eighteenth

Nineteenth

* statements (here omitted) show 121 first lieutenants and 165 second lieuten-
ants appointed, and 69 vacancies in the first lieutenancies and 95 vacancies in the
second lieutenancies to be filled.

CONFEDERATE AUTHORITIES.

627

III. — statement of the regiments, battaMons, and companies mustered into the
service of the Confederate States — Continued.

ALABAMA— Con tinned.

Number of regiment or bat-
talion.

Twentieth

Twenty-first

Battalion of infantry

Battalion of artillery

Compan y of cavalry

Battalion of monnted riflea.
Battalion of dragoons

Commander.

Col. Robert T. Jones .
Col. W.E.Smith

Maj. James T. Gee. .
Capt. J. H. Clanton .

Station.

Camp of Instrnction, Anbnm, Ala.
Camp of Instruction, Tuscaloosa, Ala.
Alabama (five companies).
Fort Morgan (six companies).
Fensacola (one company).
Pensacola (two companies).
Fensacola (one company).

ARKANSAS.

First

Second

Third

Fourth

First Battalion .
First Cavalry...
Second Cavalry .
Cteek Indians . .

CoLJ.F.Fagan....
Col. T.C. Hindman.
Col. A. Rust

Lieut. Col. J. S. Marmadnke.

Col. T.J. Churchill

CoL James Mcintosh

Col. D.H.Cooper

Fredericksburg.

With MoCuUoch.

Army of Northwestern Virginia.

With McCuUoch.

Hardee's command.

With McCuUoch.

Do.

FLORIDA.

First...
Second
Third..
Fourth

Col. J. Fatten Anderson
Col. George T. Ward. . .

(Not reported)

Fensacola.
Torktown.
East Florida.
Do.

GEORGIA.

First (enlisted men)

First (fourmonths)

First

Second

Third

Fourth

Fifth

Sixth

Seventh

Eighth

Ninth

.Tenth

'Eleventh

Twelfth

Thirteenth

Fourteenth

Fifteenth

Sixteenth

Seventeenth

Eighteenth

Nineteenth

Twentieth

Twenty-first

Twenty.second

Twenty-third

Twenty -fourth

Twenty-fifth

Twenty -sixth

Twenty-seventh

Twenty-eighth

Twenty-ninth

Georgia Legion

Phillips' Legion , . -

First Battalion

Second Battalion

Battalion of mounted rifles

Col. C. J. Williams

CoLH. W.Mercer

Col. J. N. Ramsey

Col. Paul J. Semmes

Col. A. E. Wright

Col. George Doles

Col. John £. Jackson

Col. A. H. Colquitt

Col. L.J. Gartrell

Col. W. M. Gardner

Col. E. E. Goulding

CoL L. McLaws

Col. George T. Anderson. . .

Col. Edward Johnson

Col. Walton Ector

Col. A. V. Brumby

Col. T. W. Thomoa

Col. H. Cobb

Col. H. L. Bennine

Col. W. T. Wofibrd

Col. W.W.Boyd

Col. W.D.Smith

Lieut. Col. John T. Mercer .

Col. Eobert H. Jones

Col. T. Hutcberson

Col. Eobert McMillan

Col. C. C. Wilson

(Not reported)

Col. T. E. E. Cobb

Col. W illiam Phillips

Lieut. Col. J. B. Villepigne .
Maj. Thomas Hardeman, Jr
Uapt. C. A. L. Lamar

Manassas.

Savannah.

Army of Northwestern Virginia.

Manassas.

Norfolk.

Do.
Fensacola.
Torktown.
Manassas.

Do.

Do.
Torktown.
Manassas.

Army of Northwestern Virginia.
Army of Kanawha. '

Army of Northwestern Virginia.
Manassas.
Yorktown.
Lynchburg.
Richmond.
Army of Kanawha.
Manassas.

Do.
Camp of Instruction, Ga.

Goldsborough.

Savannah.

Camp of Instrnction, Griffin, Ga.

Do.
Camp of Instruction, Big Shanty, Ga.

Do.
Torktown.
Army of Kanawha.
Fensacola.
Norfolk.

628

COEEESPONDENCE, ETC.

m.— Statement of the regiments, battalions, and companies mustered into the
service of the Confederate Stotes— Continued.

KENTUCKY.

Nnmber of regiment or bat-
talion.

Commander.

Station.

First

Lieut Col.ThomaB H. Taylor
Col. K. W. Hanson -•-

Manassas.

Kentucky lino.

Third

Col. Lloyd Tilghman

Col. E. P. Trabue

Do.

Ponrtb

Do.

LOUISIANA.

Col. A. H. Gladden

Fensaoola.

Col. A. G. Blanchard

Col. WUliam M. Levy

Col. Louis Hubert

Norfolk.

Torktown.

With McCuUocb.

Col E. J. Barrow

Louisiana.

Fifth

Col. T. G. Hunt

Torktown.

Sixth

Col. I. G. Seymour

Manassas.

Do.

Eighth

Col. H. B.Kelly

Do.

Ninth

Do.

Col. Mandeville Marigny ..
CoLS.F.Marks

Torktown.

Union City, Tenn.

ThirfceATith

Tennessee (General Polk).

Col. V. Snlakowski

Fifteenth

Col. C. M. Bradford

Norfolk.

Special Battalion

Maj. C.E. Wheat

Mai. George C. Waddill

Lieut. Col. N. H. Eightor. . . .

Lieut. Col. G. Coppens

Maj J B Walton

Kichmond.

Dreax's battalion infantry . . .

Battalion zouaves

Washington Artillery

I^rst Artillerv

Torktown.

Do.
Manassas.

Col. P. 0. Hubert

Louisiana.

Col. .T. S. Sfiot.t

Do.

MAETLAOT).

First.,

MISSISSIPPI.

Second

Third

Sixth

Ninth

Tenth

Eleventh

Twelfth

Thirteenth

Fourteenth

Fifteenth

Sixteenth

Seventeenth —

Eighteenth

Nineteenth

Twentieth

FirstBattalion.

First Battalion Cavalry.
Squadron of cavalry . . .

CoLW.C.Falkner

Col. T. .1. Davidson

Col. B. G. Humphreys

Col. J. B. Chalmers

Col. E. A. Smith

CoL William H. Moore..
CoL Bicbard Griffith. . . .
Col. William Barksdale.

Col.W.E. Bald win

Col. W. S. Statham

CoL C.Posey

Col. W. S. Featherston . .

Col. E.E. Burt

Col.C.H.Mott

Col. D. B. Russell

Maj.A.K.Blythe

Maj. J. H.Miller..

Manassas.

Camp of Instruction, luka. Miss.

Manassas.

Pensacola.

Do.
Manassas.

Do.

Do.
Tennessee.

Do.

Do.
Army of Kanawha.
With General Cheatham,
Mailrid, Mo.

Do.
Union City, Tenn.

near Kew

MISSOURI.

First-,

Kentucky line.

CONFEDERATE AUTHORITIES.

629

III. — statement of the regiments, battalions, and companies mustered into the
service of the Confederate /Stores— Continued.

NOKTH CABOLdTA.

U'Tunber of re^ment or bat-
talion.

Commander.

Stetion.

First

CoL M. S. Stokes

Second

Fredericksburg.
Do

Third

Col. G. Mearea

Fourth

Col. (3^. B. Anderson

Col D K. MoKae

Fifth

Sixth

Col. W. D. Fender

Seventh

North Carolina

Eighth

Col. H M. Shaw

Ninth (cavalry)

Col. R. Ransom, jr

Camp of Instruction, N. C

Tenth (cavalry)

Col. S. B. Sprnill

Eleventh.....

Col. J. A. J. Bradford

Col. S. Williams

Twelfth

Norfolk.

Thirteenth

Lieut. Col. W. S. Guy

CoLXDaniel

Col. B. M. UoEinney

Col. Stephen Lee

Do.

Fifteenth •.

Sixteenth

Army of Northweatem Virginia.

Col. W. F. Martin

Eighteenth

Col. J. D. RadclifTe

Do.

Nineteenth

Twentieth

Col. A. Iverson jr. . .

Nortli Carolina.

CoLW.W.Kirkland

Frederi cksbnrg.

Col. John F.Hoke

Col. W. J. Clarke

Twenty.fourth

Lewisbarg.

Twenty-fifth

Twenty 'Sixth

CoLZ.B.Yance

Do.

SOUTH CAROLINA.

First (rifles)

First

Second

Third

Fourth

Fifth

Sixth

Seventh

Eighth

Ninth

Twelfth

Thirteenth

Fifteenth

Hampton Legion

Battalion of artillery

CoL James L.OrT

CoL Maxcy Gregg

Col. J. B. Kershaw

C0I.J. aWUliams

Col. J. B.E.Sloan

Col. M. Jenkins

Col. Charles S. Winder.

Col. T. G. Bacon

Col. E. B. C. Cash ,

CoLJ.D.Blanding.,

South Carolina.

Norfolk.

Manassas.

Do.

Col. R. G. M. Dnnovant ! Camp of Instruction, Columbia, S. C.

Col. O. E. Edwards ' Do.

Col. W. D. De Sauasure j Do.

Col. Wade Hampton Manassas.

Lieut.Col.R.S. Ripley Charleston , S. C.

TENNESSEE.

First (Provisional Army) . . .
Second (Provisional Army) .
Third (Provisional Army) . .
Fourth (Provisional Army) .

First

Second

Third

Fourth

Fifth

Sixth

Seventh

Eighth

Ninth

Tenth

Eleventh —

Twelfth

Thirteenth . .
Fourteenth . .

Fifteenth

Sixteenth

Seventeenth .
Eighteenth..
Nineteenth..

CoLP. Tumey

Col. W.B. Bate

CoL John C. Vaughn

Col. William M. (Aurchwell.

CoL George Maney

CoL J. Knox Walker

CoL John C. Brown

CoLR.P.Neely

CoL W. H. Stephens .

CoL Robert Hatton

CoL A. S. Fulton

Col. B. L. Douglass

(joLA.Heiman

CoL J ames E. Rains

CoL B. M. Russell

Col. John V. Wright ...

CoL W. A. Forbes ,

CoL Charles M. Carroll.
CoL John H. Savage . . .

Col. T. W. Newman

Col. Joseph B. Palmer. . .
CoL D. H, (liammings

Manassas.
Fredericksburg.

With General Zollicoffer.

Fort Pillow, Tenn.

Camp of Instruction, Union City, Tenn.

With Greneral Cheatham, near New
Madrid, Mo.

With General Cheatham.
Fort Henry, Tennessee River.
With General ZollicofFer.
Colmnbns, Ky.

With General Cheatham.

With General Zollicoffer.
Do.
Do.

630

CORRESPONDENCE, ETC.

m. — statement of the regiments, battaMons, and companies mustered into the
service of the Confederate States — Continned.

TEITNESSBB— Continaed.

Number of reeiment or bat-
taUon.

Commander.

Station.

Col. Joel A. Battle

Twenty-first

Col. E. Pickett, jr

Col. T. J. Freeman

CoL M.Martin

Camp Trousdale, Tenn.

(Not reported) ... ........

Twentv-fif th

(Not reported)

First Battalion Cavalry

Second Battalion Cavalr;

Tliird BattaUon Cavalry

Lient. Col. G. E. McClellan. .
Lieut. Col. Wm. Brazelton ..
Lieut. Col. S.H. Jones

'With General ZolUcoffer.
Do.

TEXAS.

First

Second

Third

Fourth

Fifth (organizing) .

First Cavalry

Second Cavalry

Third Cavalry

Fonrth Cavalry

Fifth Cavalry

Col.L.T.Wigfall.
Col. J. C.Moore...
Col.P.N.Luckett.
Col. R. T.P.Allen.

Col. H. E. McCuUoch.

Col. John S. Ford

Col. E.Greer

Col. James Beily

CoL Thomas Green . .

Manassas.

Texas (home defense).

Do.
Sichmond.

Do.
With General McCulloch.
Texas.

With General McCulloch;
With General Sibley.

Do.

■VIRGINIA.

First

Second

Third

Fonrth

Fifth

Sixth

Seventh

Eighth

Ninth

Tenth

Eleventh

Twelfth

Thirteenth

Fourteenth ...

Fifteenth

Sixteenth

Seventeenth

Eighteenth

Niueteenth

Twentieth (disbanded)

Twenty -first

Twenty-second

Twenty-third

Twenty- fourth

Twenty -fifth

Twentj'-sixth

Twenty-seventh

Twenty-eighth

Twenty-ninth

Thirtieth

Thirty-first

Thirty-second

Thirty -third

Thirty- fourth

Thirty-fifth

Thirty-sixth

Thirty-seventh

Thirty-eighth

Thirty -ninth

Fortieth

Forty -first

Forty-second

Forty-third

Forty-fourth

Forty-fifth

Forty.sixth

Col. P. T. Moore

Col. J. W.Allen

Col.E.A.Pryor

Col. J. F.Preston

CoL W. H. Harman

C!ol. William Mahone

Col. J. L. Kemper

Col. Eppa Hun ton

Col. F.H. Smith

Col. A. C. Cummings

Col. S. Garland, jr

Col. D. A. Weiaiger

Col.A.P.HUl

Col. J. G.Hodges

Col. T.P.August

Col. R. E. Colston

Col. M. D. Corse

Col. R. E. Withers

Col. P. St. G.Cocke

Lieut. Col. John Pegram. .

Col.W.Gilham

Col. C. Q. Tompkins

Col. W. B. Taliaferro

Col. William R. Terry

Col. George A. Porterfield.

Col. C. A. Crump

Col. W. W. Gordon

Col. R. T. Preston

Col. A. C. Moore

CoLE.M.Cary

Col. S. H. Reynolds

Col. Benjamin S. Ewell

Col. S. B. Gibbons

Col. J. W.Ware

Col.A.Beckley

Col. J. McCansland

Col. S. V. Fuikerson

Col. E. C. Edmonds

Col. Charles Smith

CJol. J. M. Brockenbrough .

Col. J. R. Cham bliss, jr

Col. Jesse S. Burks

Col. R.M. Conn

Col. W. C. Scott

Col.H.Heth

CoLJ,L.DaTis

Manassas.

Do.
Norfilk.

Do.
Norfolk.
Manassas.

Do.
Norfolk.
Manassas.
Yorktown.

Do.
Norfolk.
Manassas.

Do.

Army of Northwestern "Virginia.

Army of Kanawha.

Army of Northwestern Virginia.

Manassas. *

Army of Northwestern Virginia.

Yorktown.

Do.

Fredericksburg.

Army of Northwestern Virginia.

Yorktown.

Manassas.

Winchester.

Army of Northwestern Virginia.

Army of Kanawha.

Army of Northwestern Virginia.

Manassas.

Eastern Shore, Va.

Fredericksburg.

Norfolk.

Army of Northwestern Virginia.

Winohestsr.

Army of Northwestern Virginia,

Army of Kanawha.

Wise's brigade.

CONFEDEEATE AUTHORITIES.

631

in. — statement of the regiments, battalions, and companies mustered into the
service of the Confederate States — Continued.

TIEGINIA— Continned.

Number of regiment or bat-
talion.

Commander.

Station.

Forty .seventh .
Forty -eigbtb ..

Forty -ninth

Fiftieth

Fifty-first

Fifty-second . . .
Fifty-third ....
Fifty-fourth...

Fifty-fifth

Fifty.sixth

First (militia)

Second (militia)

Third (militia)

Fourth (militia)

Battalion of enlisted men. . .

First Artillery

Londonn Artillery

Kemper's artillery

Latham's battery

Shields* battery

Triplett's artillery

Hardaway'a battery

Two companies of artillery.

FiTe companies

First Cavalry

Second Cavalry

Third Cavalry

Fourth Cavalry

Fifth Cavalry

Sixth Cavalry

Seventh Cavalry

Eighth Cavalry

Col. G. W. Richardson .

CoL J. A. Campbell

Col. William Smith

CoL A. W. Beynolds . . .

CoL G. C. Wharton

CoL J. B. Bald via

CoL C. L. Stevenson

CoL K. C.Trigg

CoLF.Mallory

CoL W. D. Stuart

(Not known)

MaJ. J. D- Uunford- . .
CoL G. W. Kandolph -

Capt. Del. Eemper

Capt. H. G. Latham

Capt. J. C- Shields

Capt. T. Trlplett

Capt. K. A. Hardaway .

CoL J. E.B. Stuart

CoL E. C. W. Radford .
CoL Robert Johnston .
CoL B. H. Robertson . .

Major Mullins

CoLC.W.Field

CoL A. W. McDonald .
CoL W. H. Jenifer

Fredericksburg.

Army of Northwestern Virginia.

Manassas.

Anny of Kanawha.

Army of Northwestern Virginia.

Do.

Do.
Fredericksburg.
Army of Northwestern Virginia

route).
Winchester.

Do.

Do.
Army of Northwestern Virginia.

Manassas.

Do.

Do.
Army of Northwestern Virginia.
With Magruder.
Manassas.

Do.
Torktown.
Manassas.
Norfolk.
Manassas.
Winchester.
Army of Kanawha.

(en

rV. — hist of generals having independent commands; also general officers sub-
ordinate to them. I

DEPARTMENT NO. 2.

(Headquarters, Memphis, Tenn.)

Greneral A. Sidney Johnston, commanding.

Svbordinate.—'i/La.i. (Jen. L. Polk, Brig. Gens. B. McCulloch, "W. J. Hardee,
H. H. Sibley, G. J. Pillow, Benjamin F. Cheatham, F. Zollicoffer, Albert Pike,
S. B. Buckner, L. P. Walker, Mansfield LoveU.

NORTHWEST ARMY, VIRGINIA.

(Headquarters, Valley Mountain; post-office, Staunton, -Va.)

General Egbert E. Lee, commanding.

Svbordinate.—'Bns- Gens. "W. W. Loring, John B. Floyd, Henry E. Jackson,
Henry A. Wise, D. S. Donelson, S. E. Anderson.

army of POTOMAC.

(Headquarters, Manassas, Va.)

General Joseph E. Johnston, commanding.

Strfwdtmafe.— General G. T. Beauregard, commanding First Corps; Maj. Gen.
Gustavus W. Smith, commanding Second Corps; Bri^.Gens. M. L. Bo^am,
Charles Clark, W. H. T. Walker, Eichard S. EweU, David E. Jones, James Long-
street, E. Kirby Smith, T. J. Jackson, Eobert Toombs, George B. Cnttenden,
Sam. Jones, W. H. C. Whiting, Arnold Elzey, Jubal A. Early, J. E. B. Stuart.

632 COBEESPONDENCE, ETC.

DEPARTMENT NO. 1.

(Headquarters, New Orleans, La.)
Maj. Oren. David E. Twiggs, commanding.

DEPARTMENT OP WEST FLORIDA.

(Headquarters, Pensacola, Fla.)
Maj. Gen. Braxton Bragg, commanding.
Subordinate. — Brig. Gens. Bichard H. Anderson, Daniel Buggies.

department op GEORGIA.

(Headquarters, Savannah, Ga.)
Brig. Gen. A. B. Lawton, commanding.

DEPARTMENT OP PREDERICKSBURG.

(Headquarters, Fredericksburg, Va.)
Brig. Gen. T. H. Holmes, commanding.
Subordinate. — Brig. Gen. Isaac B. Trimble.

DEPARTMENT OP NORPOLK.

(Headquarters, Norfolk, Va.)
Brig. Gen. B. Huger, commanding.
Subordinate.— Brig. Gens. J. C. Pemberton, A. G. Blanchard.

ARMY OF the PENINSCJLA.

(Headquai-ters, Williamsburg, Va.)
Brig. Gen. J. B. Magruder, commanding.
Subordinate. — Brig. Gens. D. Harvey HiU, Lafayette McLaws.

MOBIL.E.

(Headquarters, Mobile.)
Brig. Gen. Jones M. Withers, commanding.

department of north CAROLINA.

(Headquarters, Goldsborough, N. C.)
Brig. Gen. Bichard C. Gatlin, commanding.
Subordinate. — ^Brig. Gen. Joseph B. Anderson.

department op south CAROLINA.

(Headquarters, Charleston, S. C.)
Brig. Gen. Eoswell S. Ripley, commanding.
Subordinate. — Brig. Gen. T. F. Drayton.

CONFEDERATE AUTHORITIES. 633

DEPARTMENT OF EAST PLOEIDA.

(Headquarters, Tallahassee, Fla.)
Brig. Gen. John B. Grayson, commanding.

DEPARTMENT OF TEXAS.

(Headquarters, San Antonio, Tex.)
Brig. Q«n. P. O. Hubert, commanding.

ACTINa INSPECTOR-GENERAL OF CAMPS.

(Headquarters, Richmond.)
Brig. Gen. John H. Winder.

[September 30, 1861. — For Rector to Benjamin, in relation to rais-
ing troops in Arkansas for the Confederate service, see Series I, Vol.
Ill, p. 710.]

Charleston, September SO, 1861.
Hon. J. P. Benjamin,

Acting Secretary of War:
Dear Sir : We received your letter of 25th this morning only,
the mails having been very irregular of late. We make due note
that you have issued a requisition in our favor for $500,000, to be
remitted to England for the credit and use of Capt. Caleb Huse, as
agent of the Government. The warrant has not reached our hands
yet, but we will endeavor to engage the sterling bills at once if possi-
ble, and shall be very much relieved if we can secure the amount at
12^ or 13 per cent, premium. We sold last week all we desire to draw
for the present at 12^ per cent. There is a general impression pre-
vailing that the Government is opposed to the exportation of cotton,
and it is believed that at the next session of Congress the exporta-
tion will be prohibited by law. Among other mischievous results
that, in our opinion, must infallibly flowfrom the adoption of this
policy is a rapid and extravagant advance in the price of foreign
exchange or, what is the same, a rapid depreciation of the currency
of the country. We cannot refrain from expressing an earnest hope
that the Government will rather encourage than forbid the sale and
exportation of this great staple and chief source of national wealth
and strength.

Yours, with great respect,

JNO. FRASER & CO.

Charleston, September SO, 1861.
Hon. J. P. Benjamin,

Acting Secreta/ry of War, Richmond:

Dear Sir: We had the honor of writing you this morning and

have since received your letter of the 27th in relation to the steamer

Bermuda. We had requested Mr. Hanckel to say that we would

with great alacrity place her at the disposal of the Government if she

634 COEBESPONDENCE, ETC.

could be made useful. We now think, however, that the best course
has been adopted in referring the matter to Captain Huse, who is in
close and confidential relations with our Liverpool friends. Nothing
will be left undone on their part or ours to promote the measures of
the Government, and we beg you at all times to command our serv-
ices freely.

Yours, with great respect.

JNO. FRASER & CO.

Richmond, September SO, 1861.
Governor JOSEPH E. BROWN,

Atlanta, Ga.:
Being in urgent need of engines and cars, I instructed the Quarter-
master-General to impress a certain number of them on the Western
and Atlantic Railroad, paying a fair value, if the owners would not
sell or lease them. I did not know that the road belonged to the State
of Georgia when I gave these orders. I have, of course, revoked
them, but I appeal to you for aid. Without some additional rolling-
stock on the Virginia and East Tennessee road it is utterly impossible
to transport the troops and supplies required for public defense. If
you will let me have them I will allow any reasonable recompense
that Georgia demands.

J. P. BENJAMIN,
Acting Secretary of War.

Atlanta, October 1, 1861.
Hon. J. P. Benjamin,

Acting Secretary of War:
Will write you fully our embarrassed condition about engines and
cars. I think you could get them from the Central Railroad at
Savannah, from the South Carolina Railroad at Charleston, or from
the Memphis and Charleston.

JOSEPH E. BROWN.

[October 1, 1861.— For A. S. Johnston to Pettus, in relation to
Johnston's call for troops, see Series I, Vol. IV, p. 434.]

Headquarters South Carolina,

October 1, 1861.
Hon. J. P. Benjamin,

Acting Secretary of War:
Sir: I have now recently mustered into Confederate service for and
during the continuance of the war 4,400 men in accordance with
requisitions made by your Department, and it was distinctly stated
by the then Secretary of War that in mustering in these men their
being armed was not a "prerequisite," but it would be preferred that
they should be armed. I was led to believe that by this time the
Confederate Government would have armed them. They are now
actually needed on our sea-coast, for we may expect an attack at any
point. Under these circumstances I most respectfully urge that those

CONPEDEEATE AUTH0EITIE8. 636

men mustered into service should be first supplied with arms before
privileges should be granted to other gentlemen with special commis-
sions to raise men and regiments and arms given out to them in
advance before a single company is organized, much less mustered
into service. If this system is pursued it will discourage all legal
organizations, and the Government will have to support the expense
of unarmed regiments already mustered into service, while individuals
will hold arms to be used upon the uncertain contingency of raising
regiments. I sent in the spring to Florida 6,000 muskets, 1,000 to
Tennessee, and 1,000 to Lynchburg, Va., besides ammunition of all
kinds to different States. I also sent cannon of large caliber to North
Carolina, with 25,000 pounds of powder, shell, &c., at the request of
the Governor of that State. I also sent early in the spring, at the
request of the mayor of Memphis, cannon to Tennessee, with artillery
officers and ammunition, and had them placed in battery on the river
above Memphis. I only mention these things because I expected to
be able to supply arms besides to our own troops; but I have sent
about 12,000 arms into Virginia with our different regiments, and am
now compelled to arm our reserves of State troops along our coast
with 5,000 stand, besides including our regular enlisted troops and
ten regiments now on active duty — camp and garrison — ^in all 15,000
more. I am now endeavoring to call in all the old arms in the State
belonging to disorganized companies, so as to have them repaired and
made fit for active service. I hope in this way perhaps to be able to
put some kind of arms into the hands of most of the companies
recently mustered into Confederate service in this State. I fear that
I will not be able, however, to furnish for the last thousand. I men-
tion these things freely to you, because it will be absolutely necessary
now to retain four of these recent regiments in this State for the win-
ter, unless all indications of invasion on our coast shall pass off. I
would therefore be very glad if you would give me the assurance
that I shall be allowed to retain these four regiments I am now arming
and equipping in the State, unless you can certainly furnish me with
arms for others I can call out. Be so kind as to answer me on this
point.

I would further call your attention to the important fact that our
regiments in Virginia are only for twelve months and their terms will
expire in the spring. So, too, of the regular enlisted forces of this
State now on garrison duty on our coast. , Their terms will expire
early in the spring. They have been transferred to Confederate serv-
ice, and I suppose perhaps the best battalion of artillery in the Con-
federate service is included among these troops. The fact is that
some such force is absolutely essential to the large fortifications in our
harbor and on our coast, as volunteers are unfit for that kind of duty.
If it is not in your power to re-enlist these men for the war, and you
give me any assurance that, if I get the Legislature to authorize me
to re-enlist them, you will receive them from my hands into Confed-
erate service, or rather merely continue them in their present service,
I will attend to it particularly at the next meeting of our Legislature,
which will be early in November. I incurred already large expenses
for this recruiting service, which of course have never entered into
the accounts against the Confederate Government, and I am willing
to encounter any reasonable expense again if you will only give me
the assurance that these forces will be continued as they now are, or
if you think proper to issue orders to General Ripley to re-enlist them,

636 CORRESPONDENCE, ETC.

I have no doubt that it can be done. I think also that some arrange-
ment had better be made by which the regiments now for twelve
months only in "Virginia shall be revolunteered before they are dis-
banded, and in any reasonable measure having this for an object I
shall be glad to aid and co-operate with you. Be so good as to let me
hear from you on these last two points in time to mature plans for
the consideration of the Legislature, which meets on the first Monday
in November next.

Very respectfully, your obedient servant,

F. W. PICKENS.

Staunton, October 1, 1861.
Hon. J. P. Benjamin,

Attorney-General :
"Dear Sir: Some bold and daring spirits on our western border are
anxious to have license or authority from the Government in the form
of letters of marque and reprisal, or some other legal form, to attack
the enemy's trade and commerce on the Ohio River without hazard
from civil or criminal process if captured. A gentleman now in my
office, Mr. James A. Crawford, who has had already some daring
adventures on the borders, is anxious to procure some such authoriza-
tion from the Government if the law will allow it. Of course so long
as the enemy hold the control of the river and its tributaries it would
be impossible to bring the vessels he might capture into a friendly
port. His plan would be to bring off as much property as could be
wagoned away, and have it libeled in the nearest Confederate court.
I cannot advise Mr. Crawford as to the legal feasibility of his project.
May I request you to say in brief whether the Government could give
Mr. Crawford any authority, as though he were on the high seas, to
attack, under its protection, the enemy's commerce in the Ohio River,
and what proceedings would be required on his part in respect to
property so captured. He can enlist a company of twenty-five to
fifty bold men in his command who, he thinks, may do some effective
service. I trust you will pardon the request I make for the sake of
the motives which dictate it, which are damage to our foes, safety to
our friends.

Truly, &c., HUGH W. SHEFFEY,

Attorney at Law.

ARTICLES OF A CONVENTION entered into and concluded at Park Hill, in
the Cherokee Nation, on the second day of October, A. D.-K)ne thousand eight
hundred and sixty-one, between the Confederate States of America, by Albert
Pike, their commissioner, with full powers, appointed by the Pi-esident, by
virtue of an act of the Congress in that behalf, of the one part, and the Great
Osage tribe of Indians, by its chiefs and headmen, who have signed these
articles, of the other part.

Article I. The Great Osage tribe of Indians and all the persons
thereof do hereby place themselves under the laws and protection of
the Confederate States of America, in peace and war, forever, and
agree to be true and loyal to them under all circumstances.

Art. II. The Confederate States of America do hereby promise and
firmly engage themselves to be, during all time, the friends and pro-
tectors of the Great Osage tribe of Indians, and to defend and secure
them in the enjoyment of all their rights ; and that they will not allow
them henceforward to be in any wise troubled or molested by any
power or people, State or person whatever.

CONFEDERATE AUTHORITIES. 637

Art. III. The Confederate States of America do hereby assure and
guarantee to the Great and Little Osage tribes of Indians the exclu-
sive and undisturbed possession, use, and occupancy during all time,
as long as grass shall grow and water run, of the country heretofore
secured to them by treaty with the United States of America, and
which is described in the treaty of the second day of June, A. D.
one thousand eight hundred and twenty-five, as being thus bounded,
that is to say: Beginning at a point due east of White Hair's Village,
and twenty-five miles west of the western boundary-line of the State
of Missouri, fronting on a north and south line, so as to leave ten
miles north and forty miles south of the point of said beginning, and
extending west, with the width of fifty miles, to the western boundary
of the lands ceded and relinquished by said nations by that treaty,
which lands shall not be sold or ceded by the said tribes, nor shall
any part thereof, to any nation or people, except to the Confederate
States, or to any individuals whatever; and the same shall vest in the
Confederate States in case the said tribes become extinct or abandon
the same.

Art. IV. The right is hereby reserved to the Confederate States to
select, in any unoccupied part of said country, a tract of two sections of
land, as a reserve and site for an agency for the said tribes, which
shall revert to the said tribes whenever it shall cease to be occupied
for an agency.

Art. V. The Confederate States shall have the right to establish in
the said country such forts and military posts as they may deem neces-
sary, and shall have the right to select for each such fort or post a
tract of land one mile square, on which such fort or post shall be
established: Provided, That if any person or persons have any
improvements on any tract so selected, the value of such improvements
shall be paid by the Government to the owner thereof.

Art. VI. No person whatever shall be permitted to settle or reside
upon the agency reserve when it shall have been selected, except by
the permission of the agent; nor upon any reserve for a fort or
military post, except by the permission of the commanding ofllcer;
and every such reserve, for the agency or the forts or military posts,
shall be within the sole and exclusive jurisdiction of the Confederate
States.

Art. VII. The Confederate States shaU forever have the right of
free navigation of all navigable streams and water-courses within or
running through the country hereby assured and guaranteed to said
tribes.

Art. VIII. The Confederate States hereby guarantee that the coun-
try hereby secured to said Great and Little Osage tribes shall never
be included within the bounds of any State or Territory, nor shall any
of the laws of any State or Territory ever be extended over or put in
force within any part of the said country; and the President of the
Confederate States will cause the said tribes to be protected against
all molestation or disturbance at the hands of any other tribe or
nation of Indians, or of any other person whatever; and he shall have
the same care and superintendence over them as was heretofore had
by the President of the United States.

Art. IX. The members of the said Great and Little Osage tribes of
Indians shall have the right henceforward of hunting and killing
game in all the unoccupied country west of the possessions of the
Cherokees, Seminoles, Choctaws, and Chickasaws, without molesta-
tion from any quarter, being, while so engaged therein, under the
protection of the Confederate States,

638 CORRESPONDENCE, ETC,

Art. X. There shall be perpetual peace and brotherhood between
the Great and Little Osage tribes of Indians and the Cherokees, Mus-
ko-kis, Seminoles, Choctaws, and Chlckasaws, and the bands of
Wichitas, Cado-Ha-da-chos, Hue-cos, Ta-hua-ca-ros, A-na-dagh-cos,
Ton-ca-wes, Ki-chais, Ai-o-nals, Shawnees, and Delawares living in
the country leased from the Choctaws and Chickasaws, and the Pen-e-
tegh-ca, No-eo-ni, Ta-ne-i-weh, Ya-pa-rih-ca, and Co-eho-tih-ca bands
of the Ne-um or Comanches; and every injury or act of hostility
which either has heretofore sustained or met with at the hands of the
other shall be forgiven and forgotten.

Art. XI. The Great and Little Osage tribes of Indians and the
said several other nations, tribes, and bands shall henceforth be good
neighbors to each other, and there shall be a free and friendly inter-
course among them. And it is hereby agreed by the said Great
Osage tribe, as has already been agreed by all the others except the
Little Osage tribe, that the horses, cattle, and other stock and prop-
erty of each nation, tribe, or band, and of every person of each, is
his or its own ; and that no person belonging to the Great Osage tribe
shall, or will hereafter, kill, take away, or injure any such property
of another tribe or band, or of any member of any other tribe or band,
or in any other way do them any harm.

Art. XII. Especially there shall be perpetual peace and friendship
between said Great Osage tribe and the Cherokees, Mus-ko-kis, Sem-
inoles, Choctaws, and Chickasaws, and the chiefs and headmen of
the said Great Osage tribe shall do all in their power to take and
restore any negroes, horses, or other property stolen from white men,
or from persons belonging to either of said five nations, and to catch
and give up any person among them who may kill or steal, or do any
other evil act.

. Art. XIII. In order that the friendship now established between
the said Great Osage tribe of Indians and the Confederate States and
the other Indian nations, tribes, and bands aforesaid, may not be
interrupted by the misconduct of individuals, or bands of individuals,
it is hereby agreed that for injuries done by individuals, no private
revenge or retaliation shall take place, but instead thereof complaint
shall be made by the said Great Osage tribe of Indians, when any
individual thereof is injured, to the agent of the Confederate States
for the Osages and other tribes, who shall investigate the complaint,
and, if he finds it well founded, shall report the same to the superin-
tendent, who will cause the wrong to be redressed, and the person or
persons doing the wrong to be arrested, whether he be a white man
or an Indian; and he or they shall be tried for the same agreeably to
the laws of the Confederate States or of the State or Territory against
which he may have offended, and be punished in the same manner
and with the same severity as if the injury had been done to a white
man. And it is also agreed that if any member of the Great Osage
tribe shall do any injury to the person or property of any white man
or of a member of any other Indian nation or tribe under the protec-
tion of the Confederate States, the offender shall be given up to the
agent, upon complaint made to him and on his demand, the wrong
shall be redressed by him, and the offender be tried for the offense
agreeably to the laws of the Confederate States, or of the State,
Territory, or nation against which he may have offended : Provided,
That he shall be punished in no other manner nor with any greater
severity than a citizen of the Confederate States, or of such State,
Territory, or nation would be, if he had committed the same offense,

CONFEDERATE AUTHORITIES. 639

Art. XIV. It is hereby further agreed that the chiefs of the Great
Osage tribe shall use every exertion in their power to recover any
horses or other property that may be stolen from any citizen of the
Confederate States or from any member of any other Indian tribe
under the protection of the Confederate States by any person or
persons whatever, and found within the limits of their country; and
the property so recovered shall be forthwith delivered to the owner
or to the agent to be restored to him. If in any case the right to the
property claimed is contested by the person in possession, the agent
shall summarily investigate the case, and upon hearing the testimony
of witnesses, shall decide the right to the property, and order it to be
retained or delivered up accordingly. Either party may appeal from
his decision to the superintendent, whose decision shall be final in all
cases, the property, in the meantime, remaining in the custody of the
agent. If in any case the exertions of the chiefs to cause the restora-
tion of stolen property prove inefEectual, and the agent is satisfied
from the testimony that it was actually stolen, or received with
knowledge of its being stolen, by any person belonging to the Great
Osage tribe, he shall so report to the superintendent, with a copy
of the testimony; which shall for that purpose be always reduced to
writing; and the superintendent shall, if satisfied from the testimony,
deduct from the annuity of the tribe a sum equal to the value of the
property stolen.

Art. XV. The Confederate States hereby guarantee full and fair
payment to the owner of the actual and full value of all horses and
other property stolen from any person or persons belonging to the
Great Osage tribe, by any citizen of the Confederate States, or by
any Indian of any other nation or tribe under their protection, in case
the same cannot be recovered and restored, and upon sufficient proof
being made before the superintendent or any agent of the Confederate
States for any of such nations or tribes that such property was
actually stolen by a citizen or citizens of the Confederate States, or
by an Indian or Indians of any nation or tribe under their protection.

Art. XVI. An agent for the Great and Little Osage tribes, the
Quapaws, Senecas, and Senecas and Shawnees shall be appointed by
the President, and an interpreter for the Great and Little tribes of
Osages, for their protection and that their complaints may be heard
by and their wants made known to the President. The agent shall
reside continually in the country of one or the other of said tribes or
bands, and the interpreter shall reside among either the Great
or Little Osages; and neither of them shall ever be absent from their
posts, except by the permission of the superintendent. .

Art. XVII. None of the braves of the Great Osage tribe shall go
upon the warpath, against any enemy whatever, except with the
consent of the agent, or unless it be to pursue hostile bands of white
men or Indians entering their country and committing murder,
robbery, or other outrage when immediate pursuit is necessary; nor
shall hold any talks or councils with any white men or Indians with-
out his knowledge and consent. And they especially agree to attend
no councils or talks in the country of any people, or with the officers
or agents of any people, with whom the Confederate States are at
war; and in case they do so, all the benefits secured to them by this
treaty shall immediately and forever cease.

Art. XVIII. The Confederate States will not permit any improper
persons to reside or be in the Great or Little Osage country, but only
such persons as are employed by them, their officers or agents, and

640 CORRESPONDENCE, ETC.

traders licensed by them, who shall sell to the Osages and buy from
them, at fair prices, under such regulations as the President shall
make from time to time.

Art. XIX. To steal a horse or any other article of property from a
white man or an Indian not at war with the Confederate States shall
always be regarded as disgraceful, and the chiefs of the Osages will
discountenance and prevent it by every means in their power. For if
they should not there never could be any permanent peace.

Art. XX. The Confederate States wish the Osages to settle upon
and cultivate their land, build houses, and dig wells, and by industry
become enabled to support themselves; and in order to encourage and
assist them, and because of the chattels and articles promised to the
Great Osages and Little Osages by the treaty of the eleventh day of
January, A. D. one thousand eight hundred and thirty-nine, a consid-
erable portion never was furnished them, to wit, 1,200 hogs, 700 plows,
700 sets of horse gear, 800 axes, and 800 hoes, the Confederate States
agree to give them 1,200 breeding hogs, 50 yoke of oxen with ox
wagons, horse gear, plows, yokes, axes, spades and hoes, and other
useful implements, to the value of $15,000, at the first cost in the place
in the Confederate States where the same shall be purchased; of
which stock 900 hogs, 40 yoke of oxen, and such implements as afore-
said to the value of $11,000 shall be given to the Great Osages, and
the residue to the Little Osages if they unite in this treaty. But such
stock and implements shall only be issued from time to time, and to
such persons as shall be reported by the agent to the superintendent
to be engaged or ready to engage in farming, and who will take care
of and profitably use the same, and be benefited by them, and not
sell, waste, or destroy the same; upon which reports and so only, the
superintendent shall cause the issue to such persons only of so much
of said stock and so many of said implements as he would be entitled
to upon a distribution of all per capita; and it shall be the duty of the
chiefs and of the agent to see that what is so issued is not destroyed
or wasted; and if waste or destruction can in no otherwise be
prevented, to reclaim the same and issue them elsewhere.

Art. XXI. The Confederate States also agree to buUd and put in
running order a grist and saw mill, at some suitable point in the Osage
country, and to employ a miller for each mill for the term of nine years
from the date of this treaty, and an assistant to each for the same
time; the latter to be selected from the Osage Nation, and each of
them to receive J225 per annum as his compensation ; and each miller
shall be furnished with a dweUing-house; this article being agreed to
by the Confederate States because the mill erected by the United
States, under the treaty of the year one thousand eight hundred and
thirty-nine, was burned down after being in operation only six years.

Art. XXII. The Confederate States also agree that the agent for
the Osages shall be authorized to employ, for and during the term of
ten years from the day of the signing of this treaty, ten agricultural
and other laborers, to assist the Great and Little Osages in opening
and preparing for cultivation their fields, and building their houses,
who shall be, at all times, under the control and direction of the agent.

Art. XXIII. For the same purpose, the Confederate States will also
provide, furnish, and support for and during the term of twenty years
from the date of this treaty, for the Great Osages upon and after the
ratification of this treaty, and for the Little Osages when they shall
become parties to this treaty, to each a blacksmith and an assistant,
who shall be one of their own people, and for each, annually, a suffi-

CONFEDERATE AUTHORITIES. 641

cient supply of coal, with 500 pounds of iron and 60 pounds of steel
to the blacksmith for the Great Osages, and 250 pounds of iron and
25 pounds of steel to the blacksmith for the Little Osages, that their
farming utensils, tools, and arms may be seasonably repaired ; and also
one wagon-maker for each; and will furnish each smith and wagon-
maker with the necessary tools and with a shop, and the wagon-maker
with the necessary wood and other materials from time to time.

Art. XXIV. The Confederate States will also furnish, at proper
places, the Great and Little Osages with such medicines as may be
necessary, and will employ a physician for each, who shall reside
among them during the pleasure of the President.

Art. XXV. The Confederate States also agree to furnish each war-
rior of said Great Osage tribe, who has not a gun, with a good rifle
and a supply of powder and lead and percussion-caps or flints as soon
as it may be found practicable. The arms and ammunition are never
to be given away, sold, or exchanged, and the chiefs will punish any
one who so disposes of either; and the Confederate States will severely
punish any trader or other white man who may purchase either from
them.

Art. XXVI. No State or Territorj' shall ever pass laws for the
government of the Osage people ; and except so far as the laws of the
Confederate States are in force in their country, they shall be left free
to govern themselves, and to punish ofEenses committed by one of
themselves against the person or property of another: Provided, That
if one of them kiUs another without good cause or justification, he
shall suffer death, but only by the sentence of the chiefs, and after a
fair trial, all private revenge being strictly forbidden.

Art. XXVII. Every white man who marries a woman of the Osages,
and resides in the Osage country, shall be deemed and taken, even
after the death of his wife, to be an Osage and a member of the tribe
in which he resides, so far as to be subject to the laws of the tribe in
respect to all offenses committed in its country against the person or
property of another member of the tribe, and as not to be considered
a white man committing such offenses against the person or property
of an Indian, within the meaning of the acts of the Congress of the
Confederate States. And all negroes and mulattoes, bond or free,
committing any such offense in said country shall, in like manner, be
subject to the laws of the tribe.

Art. XXVIII. The Confederate States shall have the right to estab-
lish, open, and maintain such military and other roads through any
part of the Osage country as the President may deem necessary, with-
out making any compensation for the right of way, or for the land,
timber, or stone used in constructing the same ; but if any other prop-
erty of the tribe, or any other property or the improvements of an
individual, be used or injured therein, just and adequate compensa-
tion shall be made.

Art. XXIX. The Confederate States may grant the right of way for
any railroad through any part of the said country; but the company
to which any such right may be granted shall pay the tribe therefor
such sum as shall, in the opinion of tho President, be its fair value ;
and shall also pay to individuals all damages done by the building of
said road to their improvements or other property to such amount in
each case as commissioners appointed by the President shall deter-
mine.

Art. XXX. The agent of the Confederate States for the Osages and
other bands shall prevent all intrusions by hunters and others upon
41 R R— SERIES IV, VOL I

642 COREESPONDENCE, ETC.

the lands of the Osages, and permit no white men or other Indians to
settle thereon, and shall remove all such persons, calling, if necessary,
upon the military power for aid; and the commanders of military posts
in that country shall be required to afford him such aid upon his
requisition.

Art. XXXI. If any trader or other person should purchase from
any Osage any of the cattle or other chattels or articles given him by
the Confederate States, he shall be severely punished.

Art. XXXII. The Great and Little Osages may allow persons of
any other tribe of Indians to settle among them, and may receive
from them, for their own benefit, compensation for such lands as they
may sell or assign to such persons.

Art. XXXIII. No citizen or inhabitant of the Confederate States
or member of any friendly nation or tribe of Indians shall pasture
stock on the lands of the Osages ; but all such persons shall have full
liberty, at all times, and whether for business or pleasure, peaceably
to travel in their country, on the roads or elsewhere, to drive their
stock through the same, and to halt such reasonable time on the way
as may be necessary to recruit their stock, such delay being in good
faith for that purpose and for no other.

Art. XXXIV. Any person duly charged with a criminal offense
against the laws of the Confederate States, or of any State or Terri-
tory, or of any Indian nation or tribe under the protection of the
Confederate States, escaping into the Osage country, shall be promptly
taken and delivered up by the chiefs of the Osages on the demand of
the proper authority of the Confederate States, or of the State, Ter-
ritory, nation, or tribe within whose jurisdiction the ofEense shall be
alleged to have been committed.

Art. XXXV. In addition to the laws of the Confederate States
expressly applying to the Indian country, so much of their laws as
provides for the punishment of crimes amounting to felony at com-
mon law or by statute against their laws, authority, or ti-eaties, and
over which the courts of the Confederate States have jurisdiction,
including the counterfeiting the coin of the United States or of the
Confederate States, or any other current coin, or the securities of the
Confederate States, or the uttering of such counterfeit coin or secu-
rities ; and so much of said laws as provides for punishing violations
of the neutrality laws, and resistance to the process of the Confeder-
ate States ; and all the acts of the Provisional Congress providing for
the common defense and welfare, so far as the same are not locally
inapplicable ; and the laws providing for the capture and delivery of
fugitive slaves shall be in force in the Osage country; and the dis-
trict court for the Chalahki district, when established, shall have
exclusive jurisdiction to try, condemn, and punish offenders against
those laws, to adjudge and pronounce sentence, and cause execution
thereof to be done.

Art. XXXVI. Whenever any person who is a mjember of the Great
or Little Osage tribe shall be indicted for any oiTense in any court of
the Confederate States, or in a State court, he shall be entitled as of
common right to subpoena, and, if necessary, to compulsorj' process
for all such witnesses in his behalf as his counsel may think material
for his defense ; and the costs of process for such witnesses, and of
the service thereof, and fees and mileage of such witnesses shall be
paid by the Confederate States; and whenever the accused is not able
to employ counsel the court shall assign him one experienced counsel
for his defense, who shall be paid by the Confederate States a reason-

CONFEDERATE AUTHOEITIES. 643

able compensation for his services, to be fixed by the court and paid
upon the certificate of the judge.

Art. XXXVII. It is hereby declared and agreed that the institu-
tion of slavery in the said Great and Little Osage tribes is legal, and
has existed from time immemorial; that slaves are personal property;
that the title to slaves and other property having its origin in the said
tribes is to be determined by the laws and customs thereof; and that
the slaves and personal property of every person domiciled in the
country of the said tribes shall pass and be distributed at his or her
death in accordance with the laws, usages, and customs of the said
tribes, which may be proved by oral evidence, and shall everywhere
be held valid and binding within the scope of their operations. And
if any slaves escape from any of said tribes, the laws of the Confed-
erate States for the capture and delivery of fugitive slaves shall apply
to such cases, whether they escape into a State or Territory or into
any Indian nation or tribe under the protection of the Confederate
States; the obligation upon each such State, Territory, nation, or
tribe to deliver up the same being in every case as complete as if
they had escaped from a State, and the mode of procedure the same.

Art. XXXVIII. The Great Osage tribe of Indians hereby makes
itself a party to the existing war between the Confederate States and
the United States of America as the ally and ward of the former; and,
in consideration of the protection guaranteed by this treaty and of
their common interests, hereby agrees to raise and furnish, whenever
they shall be called on, a force of 500 men for tlie service of the Con-
federate States, or any less number, who shall receive the same pay
and allowances as other troops of the same class in that service, and
remain in the service as long as the President shall require; and also
to furnish any number of young men for scouts and runners required
by any general or other commanding officer of the Confederate States
in the Indian country, who shall receive such compensation as such
oflBcer shall fix.

Art. XXXIX. In consideration of the loyalty of the Great Osage
tribe and of their readiness to place themselves under the protection
of the Confederate States, and of their poverty, and of the great losses
in horses and other property sustained by them at the hands of law-
less persons for many years, the Confederate States do hereby agree to
expend for the benefit of the Great and Little Osage tribes, for the full
term of twenty years from the date of this treaty, the sum of $15,000
annually, of which sum $5,000 per annum shall be added to the inter-
est on the school fund of the nation, hereinafter provided for, and
$10,000 shall be divided fairly in each year, after the Little' Osage tribe
shall have united in this convention, between the two tribes in pro-
portion to the number of souls in each; and the said sum of $10,000
shall, in each year, be applied by the superintendent to the purchase
of such articles of clothing, household utensils, blankets, and other
articles as shall tend to the comfort of the Osages and encourage them
in their endeavors to improve, and which articles the agent shall dis-
tribute among them in the same manner and nearly as possible as
money would be distributed per capita: Provided, That in the distri-
bution any person may be excluded by him if reported by the chiefs
to be worthless, idle, or dissolute, or a bad and mischievous person,
and that he may do the same upon his own knowledge, taking care,
as far as may be, that only the good and worthy shall be the recip-
ients of the bounty of the Government of the Confederate States.

Art. XL. It is hereby agreed and ascertained that by the sixth
article of the treaty with the Great and Little Osages, of the second

644

day of June, A. D. one thousand eight hundred and twenty-five, it
was agreed that from the lands ceded and relinquished by the Osages
by that treaty a reservation should be made of fifty-four tracts of
land of a mile square each, to be laid off under the direction of the
President of the United States and sold for the purpose of raising a
fund to be applied to the support of schools for the education of the
Osage children, in such manner as the President might deem advis-
able for the attainment of that end ; that fifty-four sections of land
were accordingly selected and afterward sold, and the proceeds of the
same amounted to $31,724.02, which sum remains invested as follows,
that is to say :

In 6 per cent, stock of the State of Missouri, $7,000;

In United States 6 per cent, loan of 1842, $24,679.56;

And in United States 6 per cent, loan of 1847, $44.46;

And as it will be useless for the Osages hereafter to expect anj-
jhing from the justice of the United States, and the Confederate
States do not desire that they should liereafter look to that quarter
for any moneys, it is therefore further hereby agreed that the Con-
federate States will hereafter pay, annually, on the first day of Jan-
uary in each year, perpetually, commencing with the year one thou-
sand eight hundred and sixty-two, for the benefit of the Great and
Little Osage tribes, the sum of $1,903.44, being the annual interest on
said sums of money so as aforesaid in U. S. stocks and stocks of the
State of Missouri, at the rate of 6 per cent, per annum, and will look
to the State of Missouri for the payment of the principal and interest
of said sum of $7,000, as invested in stocks of that State, to which
sum shall be annually added, on the same day, commencing with the
same year, the sum of $5,000, part of the annuity provided for in the
thirty-ninth article of this treaty, and the whole shall be applied by
the agent to the support and maintenance of the Osage manual-labor
school, now in operation at the mission on the Neosho River, as the
said interest has heretofore been applied.

Akt. XH. a tract of land of the quantity of two sections, or two
tracts of one section each, to be selected by the agent of the Con-
federate States for the Osages and other tribes, and in which or
one of which the present site of the mission and its buildings is
to be included, is hereby forever dedicated to the use of the Osage
manual-labor school, to be under the exclusive control of those
who have chai'ge of that institution, and for its exclusive use; and
not to be sold or disposed of, or applied to any other use or purpose
whatsoever.

Art. XLII. All just claims and demands against the United States,
of the Great Osage tribe, or of any individual or individuals thereof,
not herein specified, arising or due under former treaties with the
United States, are hereby assumed, and shall, after the restoration
of peace, be investigated by the President, and, so far as they are
found to be just, shall be paid in full by the Confederate States ; and
all provisions of the several treaties with the United States, made by
the Osages, under which any rights or privileges were secured or
guaranteed to the Great Osage tribe, or to any individual or individ-
uals of the same, and the place whereof is not supplied by any pro-
vision of this treaty, and the same not being obsolete or no longer
necessary, and so far as they are not anniilled, repealed, changed, or
modified bj'^ subsequent treaties or statutes, or are not so by this
treaty, are hereby continued in force as if the same had been made
with the Confederate States.

CONFEDERATE AUTHORITIES. 645

Art. XLIII. A general amnesty of all past offenses against the
laws of the United States or of the Confederate States, committed
before the signing of this treaty, by any member of the Great Osage
tribe, as such membership is defined by this treaty, is hereby declared ;
and all such persons, if any, charged with any such offense shall
receive from the President full and free pardon, and if imprisoned or
held to bail, before or after conviction, shaU be discharged.

Art. XLIV. The Confederate States of America hereby tender to
the Little Osage tribe the same protection and guaranties as are
hereby extended and given to the Great Osage tribe, and the other
benefits offered them specifically by this treaty; and if the said Little
Osage tribe shall give no aid to the enemies of the Confederate States,
and shall, within one year from the day of the signing of this treaty,
enter into a convention whereby they shall unite in this treaty and
accept and agree to all the terms and conditions of the same, then it
shall, to all intents and purposes, be regarded as having been made
with them originally, and they be deemed and taken to be parties
thereto, as if they were now to sign the same.

Art. XLV. This convention shall be obligatory on the Great Osage
tribe of Indians from the day of its date, and on the Confederate
States from and after its ratification by the Senate or Provisional
Congress.

In perpetual testimony whereof the said Albert Pike, as commis-
sioner with plenary powers, on the part of the Confederate States,
doth now hereunto set Ms hand and affix the seal of his arms; and
the undersigned, chiefs and headmen of the Great Osage tribe of
Indians, do hereunto set their hands and af&x their seals.

This done in duplicate at the place and upon the day in the month
and year first aforesaid.

[SEAL.] ALBERT PIKE,

Commissioner of the Confederate States to the

Indian Nations West of Arkansas.

Ka-hi-ke-tung-ka, chief of Clermont's band Great Osages;
Pa-hiu-ska, chief of White Hair's band; Chi-sho-
hung-ka, chief of Big Hill band; Shon-tas-sap-pe, or
Black Dog, chief of Black Dog's band ; Sha-pe-shing-ka,
or Beaver, second chief of White Hair's band; Wash-
ka-che, second chief of Clermont's band; Ta-wan-
che-he, or Tall Chief, second chief of Big Hill band;
Wa-ho Pek-eh, second chief of Black Dog's band;
Wa-ta-en-ka, or Dry Feather, councilor of Clermont's
band; Kan-se-ka-hri, councilor of Big Hill band; Ka-
hi-ke Wa-ta-en-ka, Ka-hi-ke Shing-ka, Chi-sho-wa-ta-
cng-ka, E-e-shi-ka-hri, Sho-meh-kas-si, Ni-ih-ka-ki-
pa-na, Sa-peh-ku-yeh, Wah-kan-ta-chi-leh, Wa-sha-
shi Wa-sha-on-chi, 0-shang-ke-tung-ka, Wa-a-han-na,
Ha-karshe, Wa-no-pah-she, Shing-kaka-hu-ke, Wa-
ehe-wa-he, Na-hin-ta-pi, Ah-kih-ta-tung-ka, Ni-ka-ka-
hri, Sha-a Ke-to-pa, To-ti-na-he, 0-lo-ing Ka-shi, Ka-
wa-si, Wa-hu-nomp-i, Wa-ak-an-chi-le, O-ki-pa-hra,
Tre-nom-pa-shi, A-ki-ko-sha, Wa-to-ki-ka, I-ka-sha-pe,
A-no-hra-pi, Min-che-eh-na, Wa-che-na-shi, Ma-hing-
ka-he, Tan-wa-shing-ka, Miink-shes-ka, To-ta-na-she,
Ka-wa-ka-hii-ki, Mu-ka-ke-shing-ka, Gesso Choutau,
Augustus Captain, Louis P. Chouteau, Che-e-se-tung-ka,
Wa-ta-sho-we.

646 COEEESfONDENCE, ETC.

Signed, sealed, and delivered in the presence of us.

Wm. Quesenbury, secretary to the commissioner; E. Rec-
tor, Superintendent of Indian Affairs, Confederate
States, Andrew J. Dorn, agent for Osages and other
tribes. Confederate States; Louis P. Chouteau, C. S.
interpreter for Osages; John Drew, George M. Murrell,
J. W. Washbourne, W. Warren Johnson.

(To the Indian names are subjoined marks. )

RATIFICATION.

Resolved {two-thirds of the Congress concurring). That the Con-
gress Of the Confederate States of America do advise and consent to
the ratification of the articles of a convention made by Albert Pike,
commissioner of the Confederate States to the Indian nations west of
Arkansas, in behalf of the Confederate States, of the one part, and
the Great Osage tribe of Indians, by its chiefs and headmen, who
signed the same articles, of the other part, concluded at Park Hill,
in the Cherokee Nation, on the second day of October, A. D. one
thousand eight hundred and sixty-one, with the following amendment :

In Article XXXVI, at the end of the words "or in a State court,"
insert the following words, "subject to the laws of the State."

[October 2, 1861. — For Milton to Mallory, in regard to military
affairs in Florida, see Series I, Vol. VI, p. 287.]

Atlanta, October 2, 1861.
Hon. J. P. Benjamin,

Secretary of War, Richmond, Va.:
Dear Sir : In response to your telegram of yesterday [September 30]
I said that I would reply by letter. We have let the East Tennessee
roads have the use of our cars and engines this summer, and they have
abused and broken them till we shall be very hard pressed for motive
power and rolling-stock to do our winter's business. If we could get
material for the repair of our engines it would be possible for us to
repair them and still accommodate, but much of the material necessary
cannot be had in the Confederacy. If we lot our engines and cars go
for further use off our road we shall very soon be obliged to suspend our
own business. We now have three or four of our engines in the shop
badly broken up by them, and we lack material to repair. Some fifty or
more of our cars are in like broken and injured condition. I regret
very much that we are not in condition to accommodate, but I do not
see how it is possible without endangering the success of our own road
and business. I am informed that the South Carolina i-oad, the Cen-
tral road at Savannah, the Georgia road at Augusta, the Memphis and
Charleston at Memphis, and the New Orleans and Jackson, all have
surplus cars and engines. We have kept up the transportation for
the Government over the line during the summer, and have suffered
severely by it. I now ask that you call on some other of the roads to
do their part. Any and all freights sent over the Southern route will

CONFEDERATE AUTHORITIES. 647

be promptly shipped to the extent of our capacity, and would reach
Bichmond as cheaply and more promptly than they do over the East
Tennessee route.

I am, verj' truly, &c.,

JOSEPH E. BROWN.

ARTICLES OF A CONVENTION entered into and concluded at Park Hill, in
the Cherokee Nation, on the fourth day of October, A. D. one thousand eight
hundred and sixty-one, between the Confederate States of America, by Albert
Pike, their commissioner, with full powers, appointed by the President, by
virtue of an act of Congress in that behalf, and the Seneca tribe of Indians,
formerly known as the Senecas of Sandusky, and the Shawnees of the tribe or
confederacy of Senecas and Shawnees, formerly known as the Senecas and
Shawnees oJ Lewistown, or the mixed bands of Senecas and Shawnees, each
tribe for itself by its chiefs and warriors, who have signed these articles, of the
other part.

Article I. The Seneca tribe of Indians, formerly known as the
Senecas of Sandusky, and the Shawnees of the tribe or confederacy of
Senecas and Shawnees, formerly known as the Senecas and Shawnees
of Lewistown, or the mixed bands of Senecas and Shawnees, and all
the persons of each, do hereby place themselves under the laws and
protection of the Confederate States of America, in peace and war for-
ever, and agree to be true and loyal to them under all circumstances.

Art. II. The Confederate States of America do hereby promise and
firmly engage themselves to be, during all time, the friends and pro-
tectors of the Seneca tribe of Indians, formerly known as the Senecas
of Sandusky, and the Shawnees of the tribe or confederacy of Senecas
and Shawnees, formerly known as the Senecas and Shawnees of Lew-
istown, or the mixed bands of Senecas and Shawnees, and to secure
and defend them in the enjoyment of all their rights, possessions, and
property ; and that they will not allow them henceforward to be in any
wise troubled or molested by any power or people, State, or person
whatever.

Art. III. The Confederate States of America do hereby assure and
guarantee to the Seneca tribe aforesaid, and to the Senecas and Shaw-
nees, formerly known as the Senecas and Shawnees of Lewistown, or
the mixed bands of Senecas and Shawnees, in case the Senecas thereof
should hereafter unite in this treaty, by a convention for that pur-
pose made and concluded, or to the Shawnees thereof aforesaid alone,
in case the said Senecas thereof should refuse so to unite herein, to
each tribe or band, respectively, the title in fee simple, as long as each,
respectively, shall exist as a nation and remain thereon, and the exclu-
sive possession and undisturbed use, occupancy, and enjoyment, as
long as grass shall grow and water run, of the country heretofore
secured to each, respectively, by treaties with and patents from the
United States of America, and which countries are thus described
and ascertained, that is to say :

By the treaty with the Senecas of Sandusky made and concluded
on the twenty-eighth day of February, A. D. one thousand eight
hundred and thirty-one, a country was ceded and granted to that
tribe, therein described as " a tract of land situate on and adjacent to
the northern boundary of the lands heretofore granted to the Cherokee
Nation of Indians, and adjoining the boundary of the State of Missouri,
which tract shall extend fifteen miles from east to west, and seven
miles from north to south, containing about 67,000 acres, be the same
more or less."

648 CORRESPONDENCE, ETC.

By the treaty made and concluded with the mixed bands of Seneca
and Shawnee Indians residing at and around Lewistown, on the twen-
tieth day of July, in the same year, a country was ceded and granted to
these bands therein described as "a tract of land to contain 60,000
acres, to be located under the direction of the President of the United
States, contiguous to the lands granted to the Senecas of Sandusky
by the treaty made with them at the city of "Washington, on the
twenty-eighth of February, one thousand eight hundred and thirty-
one, and the Cherokee settlements ; the east line of said tract shall be
within two miles of the west lines of the lands granted to the Senecas
of Sandusky, and the south line shall be within two miles of the north
line of the lands held by the Cherokees ;" and by the treaty made and
concluded on the twenty-ninth day of December, A. D. one thousand
eight hundred and thirty-two, with the united nation or tribe of Senecas
and Shawnees, by which that united tribe ceded, relinquished, and quit-
claimed to the United States all their lands west of the Neosho or Grand
River, the United States agreed to grant by patent, in the manner there-
inafter mentioned, the country therein described as follows, that is to
say: "The following tract of land lying on the east side of Neosho or
Grand River, viz : Bounded on the east by the west line of the State of
Missouri ; south by the present established line of the Cherokee Indians ;
west by Neosho or Grand River, and north by a line running parallel
with said south line, and extending so far from the present north line
of the Seneca Indians from Sandusky as to contain 60,000 acres,
exclusive of the land now owned by said Seneca Indians, which said
boundaries include, however, all the land heretofore granted said
Senecas of Sandusky on the east side of Grand River; " and which
country included within said boundaries the United States thereby
agreed to grant by two letters patent, the north half in quantity to
the mixed bands of the Senecas and Shawnees of Ohio, or of Lewis-
town, and the south half to the Senecas from Sandusky, the whole to
be occupied in common so long as the said tribes or bands should
desire the same, and the grant to be in fee simple, but the lands not to
be sold or ceded without the consent of the United States; which lands
shall not be sold or ceded by the said tribes or bands, nor shall any
part thereof, to any nation or people, except to the Confederate States,
or to any individuals whatever, except as hereinafter provided ; and
the same shall vest in the Confederate States in case the said tribes
or bands, respectively, become extinct or abandon the same.

Art. IV. The Seneca tribe of Indians aforesaid, and the Senecas
and Shawnees alone, aforesaid, as the case may be, may respectively,
by a majority vote of the whole people of each, respectively, receive
and incorporate, each in itself, as members of the tribe, or permit to
settle and reside upon the lands of the tribe, such Shawnees of Kan-
sas, or Indians of any other tribe, in amity with the Confederate
States, as to it may seem good; and may sell such Indians portions of
land, in fee or by less estate, or lease them portions thereof for years
or otherwise, and receive to its own use the price and consideration of
such sales or leases ; and it alone shall determine who are citizens of
the tribe entitled to vote at elections, hold office, or share the annuities
or other moneys of the tribe or in the common lands : Provided, That
when persons of another tribe shall once have been received as mem-
bers of either of said tribes, they shall not be disfranchised or sub-
jected to any other restrictions upon the right of voting than such as
shall apply to the Senecas or Senecas and Shawnees, respectivelj',
themselves. But no Indians of any other tribe or band than these

CONFEDERATE AUTHOKITIES. 649

shall be permitted to come within their country to reside without the
consent and license of the people of each tribe respectively.

Art. V. The right is hereby reserved to the Confederate States to
select in any unoccupied part of the country of either of said tribes or
bands, if they should desire to do so, a tract of land one mile square
as a reserve and site for an agency, for the said tribes and for the
Quapaws and Osages, which shall revert to the tribe in whose country
it is selected, with the buildings thereon, whenever it shall cease to be
occupied as an agency.

Art. VI. The Confederate States shall have the right to establish
in the said country such forts and military posts as they may deem
necessary, and shall have the right to select for each such fort or post
a tract of land one mile square, on which such fort or post shall be
established: Provided, That if any person have any improvements
on any tract so selected, the value of such improvements shall be paid
by the Government to the owner thereof.

Art. VII. No person whatever shall be permitted to settle or reside
upon the agency reserve, when it shall have been selected, except by
the permission of the agent, nor upon any reserve for a fort or military
post, except by the permission of the commanding officer; and every
such reserve, for the agency, or for forts or military posts, shall be
within the sole and exclusive jurisdiction of the Confederate States.

Art. VIII. The Confederate States hereby guarantee that the coun-
try hereby secured to the said Senecas and Senecas and Shawnees shall
never be included within the bounds of any State or Territory, nor shall
any of the laws of any State or Territory ever be extended over or
put in force within any part of the said country; and the President
of the Confederate States will cause the said tribes to be protected
against all molestation or disturbance at the hands of any other tribe
or nation of Indians, or of any other person or persons whatever; and
he shall have the same care and superintendence over them as was
heretofore had by the President of the United States.

Art. IX. The members of the said Seneca tribe and the said Seneca
and Shawnee mixed bands shall have the right henceforward of hunt-
ing and killing game in all the unoccupied country west of the posses-
sions of the Cherokees, Seminoles, Choctaws, and Chickasaws, without
molestation from any quarter, being while so engaged therein under
the protection of the Confederate States.

Art. X. There shall be perpetual peace and brotherhood between
the Seneca tribe and the Shawnees aforesaid, and the Osages, Chero-
kees, Mus-ko-kis, Seminoles, Choctaws, and Chickasaws, and the
bands of the Wichitas, Cado-IIa-da-chos, Hue-cos, Ta-hua-ca-ros,
A-na-dagh-cos, Ton-ca-wes, Ki-chais, Ai-o-nais, Shawnees, and Dela-
wares living in the country leased from the Choctaws, and Chickasaws,
and the Pen-e-tegh-ca, No-co-ni, Ta-ne-i-weh, Ya-pa-rih-ea, and Co-
cho-tih-ca bands of the Ne-um or Comanches; and every injury or act
of hostility which either has heretofore sustained or met with at the
hands of the other shall be forgiven and forgotten.

Art. XI. The Seneca tribe and the Shawnees aforesaid and the said
several other nations, tribes, and bands shall henceforth be good
neighbors to each other, and there shall be a free and friendly inter-
course among them. And it is hereby agreed by the said Seneca'tribe
and the said Shawnees, as has already been agreed by all the others,
that the horses, cattle, and other stock and property of each nation,
tribe, or band, and every person of each, is his or its own ; and that
no person belonging to the Senecas or Shawnees aforesaid shall or will

650 COERESPONDENCE, ETC.

hereafter kill, take away, or injure any such property of another tribe
or band, or of any member of any other tribe or band, or in any other
way do them any harm.

Art. XII. Especially there shall be perpetual peace and friendship
between said Senecas and Shawnees aforesaid, and the Osages, Qua-
paws, Cherokees, Mus-ko-kis, Seminoles, Choctaws, and Chickasaws;
and the chiefs and headmen of the said Seneca tribe and Shawnees
shall do all in their power to take and restore any negroes, horses, or
other property stolen from white men or from persons belonging to
either of said five nations, and to catch and give up any person among
them who may kill or steal or do any other evil act.

Art. XIII. In order that the friendship now established between
the Seneca tribe and Shawnees, the Confederate States, and the other
Indian nations, tribes, and bands aforesaid, may not be interrupted
by the misconduct of individuals, or bands of individuals, it is hereby
agreed that for injuries done by individuals no private revenge or
retaliation shall take place, but instead thereof complaint shall be
made bj' the said Seneca tribe and Shawnees, when any individual
thereof is injured, to the agent of the Confederate States for the
Osages and other tribes, who shall investigate the complaint, and if
he finds it well founded shall report the same to the superintendent,
who will cause the wrong to be redressed, and the person doing the
wrong to be arrested, whether he be a white man or an Indian ; and
he or they shall be tried for the same agreeably to the laws of the
Confederate States or of the State or Territory against which he may
have offended, and be punished in the same manner and with the
same severity as if the injury had been done to a white man. And it
is also agreed that if any member of the Seneca tribe or any one of
the Shawnees shall do any injury to the person or property of any
white man or of a member of any other Indian nation or tribe under
the protection of the Confederate States, the offender shall be given
up to the agent upon complaint made to him, and on his demand, the
wrong shall be redressed by him, and the offender be tried for the
offense agreeably to the laws of the Confederate States or of the State,
Territory, or nation against which he may have offended : Provided,
That he shall be punished in no other manner nor with any greater
severity than a citizen of the Confederate States or of such State, Ter-
ritory, or nation would be if he had committed the same offense.

Art. XIV. It is hereby further agreed that the chiefs of the Senecas
and of the Shawnees shall use every exertion in their power to recover
any horses or other property that may be stolen from any citizen of
the Confederate States or from any member of iiny other Indian
nation or tribe under the protection of the Confederate States, by any
person or persons whatever, and found within the limits of their
country ; and the property so recovered shall be forthwith delivered
to the owner or to the agent to be restored to him. If in any case the
right to the property claimed is contested by the person in possession,
the agent shall summarily investigate the case, and upon heainng the
testimony of witnesses, shall decide the right to the property and
order it to be retained or delivered up accordingly. Either party may
appeal from his decision to the superintendent, whose decision shall
be final in all cases, the property in the meantime remaining in the
custody of the agent. If, in any case, the exertions of the chiefs to
cause the restoration of stolen property prove ineffectual and the
agent is satisfied from the testimony that it was actually stolen, or
received with knowledge of its being stolen, by any person belonging to

CONPEDEEATE AUTHORITIES. 651

the Seneca tribe or by any one of the Shawnees, he shall so report to
the superintendent, with a copy of the testimony, which shall for that
purpose be always reduced to writing; and the superintendent shall,
if satisfied from the testimony, deduct from the annuity of the tribe
a sum equal to the value of the property stolen.

Art. XV. The Confederate States hereby guarantee full and fair
payment to the owner of the actual and full value of all horses and
other property stolen from any person or persons belonging to the
Seneca tribe, or being of the Shawnees aforesaid, by any citizen of
the Confederate States or by any Indian of any other nation or tribe
under the(ir) protection, in case the same cannot be recovered and
restored, and upon sufScient proof being made before the superin-
tendent, or any agent of the Confederate States for any such nations
or tribes, that such property was actually stolen by a citizen or citi-
zens of the Confederate States or by an Indian or Indians of any
nation or tribe under their protection.

Art. XVI. An agent for the Great and Little Osage tribes, the
Quapaws, Senecas, and Senecas and Shawnees shall be appointed by
the President, and an interpreter for the Seneca tribe and one for
the Shawnees for their protection, and that their complaints may
be heard by, and their wants made known to, the President. The
agent shall reside continually in the country of one or the other of
said tribes or bands, and the interpreter shall reside continually
among the people for whom he is employed, and neither of them
shall ever be absent from their posts, except by the permission of
the superintendent.

Art. XVII. The Senecas and the Senecas and Shawnees shall hold
no talks or councils with any white men or Indians without the
knowledge and consent of the agent of the Confederate States. And
they especially agree to attend no councils or talks in the country of
any people or with the of&cers or agents of any people with whom the
Confederate States are at war; and in case they do so, all the bene-
fits secured to them by this treaty shall immediately and forever
cease.

Art. XVIII. The Confederate States will not permit any improper
persons to reside or to be in the country of the Senecas, or in that of
the Senecas and Shawnees, but only such persons as are employed by
them, their officers or agents, and traders licensed by them, who
shall sell to the said Indians and buy from (them) at fair prices, under
such regulations as the President shall make from time to time.

Art. XIX. No State or Territory shall ever pass laws for the gov-
ernment of the Seneca tribe or of the Seneca and Shawnee people ;
and except so far as the laws of the Confederate States are in force in
their country, they shall be left free to govern themselves and to
punish offenses committed by one of themselves against the person or
property of another: Provided, That if one of them kills another
without good cause or justification he shall suffer death, but only by
the sentence of the chiefs, and after a fair trial, all private revenge
being strictly forbidden.

Art. XX. Every white man who marries or has married a woman
of the Senecas or of the Shawnees and resides in the Seneca or
Seneca and Shawnee country, respectively, shall be deemed and
taken, even after the death of his wife, to be a member of the tribe
in which he marries or has married, so far as to be subject to its laws
in respect to all offenses committed in its country against the person
or property of another member of the tribe aixd as not to be considered

652 CORRESPONDENCE, ETC.

a white man committing such offense against the person or property
of an Indian, within the meaning of the act of Congress of the Con-
federate States. And all negroes and mulattoes, bond or free, com-
mitting any such offense in said country shall, in like manner, be sub-
ject to the laws of the tribe.

Art. XXI. The Confederate States shall have the right to estab-
lish, open, and maintain such militarj"^ and other roads through any
part of the Seneca or Seneca and Shawnee country as the President
may deem necessary, without making any compensation for the right
of way, or for the land, timber, or stone used in constructing the
same ; but if any other pi-operty of the tribe, or any other property
or the improvements of an individual be used or injured therein,
jiist and adequate compensation shall be made.

Art. XXII. The Confederate States may grant the right of way
for any railroad through anj^ part of tlie Seneca or Seneca and
Shawnee country; but the company to which any such right of way
may be granted shall pay the tribe therefor through whose country
any part of the road runs such sums as in the opinion of the Pres-
ident be its fair value; and sliall also pay to individuals all damages
done by the building of said road to their improvements or other prop-
erty to such amount in each case as commissioners appointed by the
President shall determine.

Art. XXIII. The agent of the Confederate States for the Osages
and other tribes shall prevent all intrusions by hunters and others
upon the lands of the Senecas and of the Senecas and Shawnees, and
permit no white men or other Indians to settle thereon, and shall
remove all such persons, calling, if necessary, upon the military
power for aid; and the commanders of military posts in that or the
adjoining countrj"^ shall be required to afford him such aid upon his
requisition.

Art. XXIV. No citizen or inhabitant of the Confederate States or
member of any friendly nation or tribe of Indians shall pasture stock
on the lands of the Senecas or Senecas and Shawnees; but all such
persons shall have full liberty, at all times, and whether for business
or pleasure, peaceably to travel in their country, on the roads or else-
where, to drive their stock through the same and to halt such reason-
able time on the way as may be necessary to recruit their stock, such
delay being in good faith for that purpose and for no other.

Art. XXV. Any person duly charged with a criminal offense
against the Liavs of the Confederate States, or of any State or Terri-
torj'^, or of any Indian nation or tribe, under the protection of the
Confederate States, escaping into the Seneca or Seneca and Shawnee
country, shall be promptly taken and delivered up by the chiefs of
the Senecas or Senecas and Shawnees, on the demand of the proper
authority of the Confederate States, or of the State, Temtory, nation,
or tribe within whose jurisdiction the offense shall be alleged to have
been committed.

Art. XXVI. In addition to the laws of the Confederate States,
expressly applying to the Indian country, so much of their laws as
provides for the punishment of crimes amounting to felony at com-
mon law, or by statute against their laws, authority, or treaties, and
over whicli the courts of the Confederate States have jurisdiction,
including the counterfeiting the coin of the United States or of the
Confederate States, or any other current coin, or the securities of the
Confederate States, or the uttering of such counterfeit coin or securi-
ties ; and so much of said laws as provides for punishing violations of

CONFEDERATE AUTHORITIES. 653

the neutrality law, and resistance to the process of the Confederate
States; and all the acts of the Provisional Congress providing for the
common defense and welfare, so far as the same are not locally inap-
plicable; and the laws providing for the capture and delivery of fugi-
tive slaves, shall be in force in tlie Seneca and the Seneca and Shawnee
country; and the district court for the Chalahki district, when estab-
lished, shall have exclusive jurisdiction to try, condemn, and punish
offenders against those laws, to adjudge and pronounce sentence, and
cause execution thereof to be done.

Art. XXVII. Whenever any person, who is a member of the
Seneca or Seneca and Shawnee tribe, shall be indicted for any offense
in any court of the Confederate States, or in a State court, he shall
be entitled, as of common right, to subpoena, and if necessary, to
compulsory process for all such witnesses in his behalf as his counsel
may think material for his defense; and the costs of process for such
witnesses and of the service thereof, and fees and mileage of such
witnesses shall be paid by the Confederate States; and whenever the
accused is not able to employ counsel the court shall assign him one
experienced counsel for his defense, who shall be paid by the Confed-
erate States a reasonable compensation for his services, to be fixed
by the coui't and paid upon the certificate of the judge.

Art. XXVIII. It is hereby declared and agreed that the institution
of slavery in the said Seneca and Seneca and Shawnee tribes is legal,
and has existed from time immemorial; that slaves are personal prop-
erty; that the title to slaves and other property having its origin in
either of the said tribes is to be determined by the laws and customs
thereof; and that the slaves and personal property of every person
domiciled in the country of either of said tribes shall pass and be dis-
tributed at his or her death in accordance with the laws, usages, and
customs of the said tribes, which maybe proved by oral evidence, and
shall everywhere be held valid and binding within the scope of their
operations. And if any slaves escape from either of the said tribes,
the laws of the Confederate States for the capture and delivery of
fugitive slaves shall apply to such cases, whether they escape into a
State or Territory, or into any Indian nation or tribe under the protec-
tion of the Confederate States; the obligation upon each such State,
Territorj', nation, or tribe to deliver up the same being, in every case,
as complete as if they had escaped from a State, and the mode of pro-
cedure the same.

Art. XXIX. The Seneca tribe and the Shawnees of the Seneca and
Shawnee tribe hereby make themselves parties to the existing war
between the Confederate States and the United States ot America, as
the allies and wards of the former; and, in consideration of the pro-
tection guaranteed by this treaty, and of their common interests,
hereby agree to aid in defending their country against any invasion
thereof by the common enemy; and it is agi-eed that all warriors fur-
nished by them for the service of the Confederate States, and which
shall be mustered into that service, shall receive the same pay and
allowances as other troops of the same class therein, and remain in
the service as long as the President shall require.

Art. XXX. It is further agreed and ascertained, by and between
the Confederate States and the said Seneca tribe of Indians, formerly
known as the Senecas of Sandusky, that the United States of America
were, while the several States of the Confederacy were members of the
same, and still remain indebted to the said Seneca tribe, and had and

654 CORRESPONDENCE, ETC.

still have in their hands moneys in trust for the said tribes, as follows,
that is to say :

By the fourth article of the treaty made with the Wyandot, Seneca,
and other tribes of Indians, on the twenty-ninth day of September,
A. D. one thousand eight hundred and seventeen, the United States
agreed and bound themselves to pay annually, forever, to the Seneca
tribe, the sum of $500, in specie, at Lower Sandusky;

By the fourth article of the treaty made the seventeenth day of
September, A. D. one thousand eight hundred and eighteen, with the
Wyandot, Seneca, Shawnee, and Ottawa tribes of Indians, the United
States agreed and bound themselves to pay to the Senecas of San-
dusky an additional annuity of $500 forever;

By the eighth article of the treaty witli the Seneca tribe of Sandusky,
made on the twentj'-eighth day of February, A. D. one thousand
eight hundred and thirty-one, the United States agreed to sell the
land thereby ceded to them by the said tribe, by tliat treaty; and it
was that, after certain deductions therefrom to be made, as therein
specified, any balance that might remain of the proceeds of sale of
such lands should constitute a fund for the future exigencies of the
tribe, on which the United States would pay to the chiefs of the tribe,
for the use and general benefit of the tribe, annually, 5 per cent, as
annuitj', which sales being accordingly eifected, tlie fund thus created
amounted to $5,000, which was invested by the United States, and yet
remains invested, in 5 per cent, stock of the State of Kentucky, now
held by the United States.

It is further hereby agreed and ascertained, by and between the
Confederate States and the Shawnees, of the said Senecas and Shaw-
nees of Lewistown, that the United States of America were, while
the several States of the Confederacy were members of the same,
and still remain, indebted to the mixed bands of Senecas and Shaw-
nees, and had and still have in their hands moneys in trust for the
said tribe, as follows, that is to say :

By the fourth article of the treaty made with the Wyandot, Seneca,
Sliawnee, and Ottawa tribes on the seventeenth day of September,
A. D. one thousand eight hundred and eighteen, the United States
agreed and bound themselves to pay "to the Shawnees and to the
Senecas of Lewistown" an additional annuity of $1,000 forever;

By the eighth article of the treaty made with the mixed band of
Seneca and Shawnee Indians residing at and around Lewistown, in
the State of Ohio, on the twentieth day of July, A. D. one thousand
eight hundred and thirty-one, the United States agreed to sell the
lands ceded to them by the Senecas and Shawnees by that treaty; and
it was also agreed that, after certain deductions, therein provided for,
any balance of the proceeds of such lands that might remain should
constitute a fund for the future necessities of the tribes, on which the
United States would pay the chiefs, for the use and general benefit of
the said tribes, annually, 5 per cent, as an annuity, which sales being
accordingly efEected, the fund thus created amounted to $16,466.10,
which was invested by the United States, and yet remains invested,
as follows, that is to say :

Six thousand dollars in 5 per cent, stock of the State of Kentucky;

Seven thousand dollars in 5^ per cent, stock of the State of Missouri ;

Three thousand dollars in 6 per cent, stock of the State of Missouri ;

And $466.10 in the United States 6 per cent, loan of the year 1847;

Which stocks are held by the United States, and the annual interest
thereon amounted to the sum of $892.96.

CONFEDERATE AUTHORITIES. 655

Therefore, and as the said Senecas and the Shawnees aforesaid are
indigent, and have nothing to expect from the justice of the Northern
States, and will be greatly distressed if the annual payments are not
promptly made, and as the Confederate States do not wish them any
longer to look to the Northern States or receive any moneys from
them, and are willing to make the necessary advances for the States
of Missouri and Kentucky:

Therefore, it is further agreed by the said Confederate States of
America that they will pay annually forever, in each and every year
after the day of the signing of this treaty, on the first day of January
in each year, commencing with the year one thousand eight hundred
and sixty-two, in money:

To the Seneca tribe, formerly known as the Senecas of Sandusky,
to the chiefs, for the use and general benefit of the people, 11,250;

And to the Shawnees, of the mixed bands of the Senecas and Shaw-
nees, formerly of Lewistown, or to the Senecas and Shawnees together
when the Senecas shall have united in this treaty, but until then to
the Shawnees alone, to the chiefs, for the use and general benefit of
the people, $1,892.96.

And it is further agreed bj' the Confederate States that they will
look to the States of Missouri and Kentucky for repayment of the
principal and interest of the said sums so invested in their stocks.

Art. XXXI. Whereas, by the treaty made between the State of
New York and the Cayuga tribe of Indians, in the month of Juqe,
A. D. one thousand eight hundred and fifty, it was agreed that the
said State should pay annually thereafter forever, on the first day of
.June in each year, to that portion of the Cayuga tribe which resided
West, the sum of $1,146, which has been regularly paid until the
present year, and the check of the treasurer of the State of New York
on the Commercial Bank of Albany, in that State, for the payment of
the year one thousand eight hundred and sixty-one, is in the hands
of Andrew J. Dorn, the agent of the Osages and other tribes; and

Whereas, the Cayugas of the West, to whom the said annuity is
payable, reside among and are fully accepted as members of the Seneca
tribe aforesaid, with the exception of a few who reside among the Sen-
ecas and Shawnees, and the said annuity has, therefore, been in each
year, by the consent of all, distributed by the agent among all, the
Senecas, formerly known as the Senecas of Sandusky, and such Cayu-
gas as reside among the Senecas and Shawnees, and the Cayugas, as
are willing it shall forever continue to be distributed; and

Whereas, by placing themselves under the protection of the Con-
federate States, the Senecas and Cayugas so entitled to said annuity
will forfeit the same, and, in all probability, forever:

Therefore, it is hereby further agreed by the Confederate States that
they will pay hereafter annually forever, on the first day of January in
each year, commencing with the year one thousand eight hundred
and sixty-two, to the said Seneca tribe of Indians, including the Cayu-
gas, and to the Cayugas residing among the Senecas and Shawnees
jointly, the said sum of $1,146, in money, and that if the said check
should not be paid they will also pay the amount thereof, to be in
like manner distributed on the first day of January, A. D. one thou-
sand eight hundred and sixty-two: Provided, That if the State of
New York should at any time hereafter resume the regular payment
of the said annuity, then the Confederate States shall no longer, whil^
it continues to do so, be bound to pay the same.

656 CORRESPONDENCE, ETC.

Art. XXXII. Inasmuch as the Seneca tribe and the Senecas and
Shawnees have received among them persons of the Wyandot tribe to
the number of 113, and have given them land to live on without
charge, and in consideration of the loyalty of the Seneca tribe, includ-
ing the Cayugas and Mohawks, who are members of the tribe of the
Senecas aforesaid, and of the Wyandots who reside among them, and
of their great necessities, the Confederate States do hereby further
agree that they will expend in each and every year hereafter, for the
term of twenty years from the day of the signing of this treaty, com-
mencing witli the year one thousand eight hundred and sixty-two,
and in the early part of each year, the sum of S2,400, for the benefit
of the Seneca tribe, including the Cayugas and Mohawks, who form
part of the tribe of the Shawnees aforesaid, forming part of the mixed
bands of Senecas and Shawnees, of the Wyandots residing among
each, and of the Senecas of the said mixed bands, if they shall unite
in this treaty, but not otherwise, Avhich sum of money shall be annu-
ally expended in the purchase by the superintendent, at first cost at
the place of purchase in the Confederate States, of such articles of
clothing, blankets, utensils, and other useful articles as he shall, aided
by the report and recommendation of the agent in each year, judge to
be most desirable, and as will conduce to the health and comfort of
the Indians; and which article shall be annually distributed by the
agent as equally as possible among the persons composing the Seneca
tribe as aforesaid, the Shawnees and Wyandots aforesaid, and the
Senecas of the said mixed bands of Senecas and Shawnees; in which
distribution, however, regard may be had by the agent, by the advice
of th3 chiefs, to the character and circumstances of the recipients,
and the needy who are industrious and worthy be especially provided
for, and the idle and dissolute not be encouraged.

Art. XXXIII. The Senecas and the Senecas and Shawnees not being
able to maintain schools among them, and being anxious their children
should not grow up in ignorance, the Confederate States hereby agree to
build a comfortable school-house in each tribe, and that they wiU employ
during the term of twenty years a competent male teacher and a com-
petent female teacher, pay their salaries, and furnish the schools with
the necessary stationery and such books as are needed for instruction
in common schools. The repairs of school-houses shall be made and
fuel furnished by the Senecas, the Senecas and Shawnees, and Wyan-
dots themselves, and the schools shall be open to the children of all
alike.

Art. XXXIV. Whenever it shall be desired either by the Senecas
or the Shawnees of the mixed bands after the said ^enecas shall have
united in this treaty, a division of their joint annuity of $1,892.96 shall
be made between them in the ratio of their numbers, and each band
shall thereafter receive to its sole use the share of said anniiity belong-
ing to it, as thus determined, whatever their respective numbers may
afterward be.

Art. XXXV. The Confederate States will also furnish the Senecas,
formerly of Sandusky, and the Shawnees aforesaid, and the Senecas of
the mixed bands when they shall have united in this treaty, with such
medicines as may be necessary, and will employ a physician for them
and for the Quapaws, who shall reside at a convenient place in the
country of one or the other tribe during the pleasure of the President;
and any physician employed shall be discharged by the superintendent
and another be employed in his place in case of incompetency or inat-
tention to his duties.

CONFEDERATE AUTHORITIES. 657

Art. XXXVI. The Confederate States also agree to employ a black-
smith for the Seuecas and one for the Senecas and Shawnees for and
during the term of twenty years from the date of this treaty, and an
assistant for each, who shall be one of the Seneca or Shawnee people,
and receive a compensation of $250 per annum; and they \vill also fur-
nish each blacksmith a dwelling-house, shop, and tools, and supply
each shop with coal and with 600 pounds of iron and 100 pounds of
steel annually.

Art. XXXVII. The Confederate States will also employ one wagon-
maker and wheelwright for the Senecas, and one for the Senecas and
Shawnees, for and during the term of twenty years from the date of
this treaty, and furnish each with a dwelling-house, shop, tools, and
the necessary materials.

Art. XXXVIII. The Confederate States also hereby agree to build
and put in running order for the Senecas and the Senecas and Shaw-
nees, at some suitable point in their country, convenient to both, to be
selected by the agent, a good grist and saw mill, arid to deliver the same
when completed to the Seneca and Seneca and Shawnee people, whose
joint absolute property it shall at once become. And the Confederate
States will also employ for the term of ten years an experienced miller
for each mill, to be selected, if possible, from among the Senecas or
Shawnees, and if such millers can be had at a compensation not exceed-
ing 8600 for each per annum.

Art. XXXIX. The Confederate States hereby agree to furnish each
warrior of the Seneca tribe, and of the Shawnees aforesaid, and of the
Senecas of the mixed bands aforesaid, when they shall have united in
this treaty, who has not a gun, with a good rifle, and also to furnish
each warrior of the same with a sufiicient supply of ammunition during
the war.

Art. XL. If any trader or other person should purchase from the
Senecas or Shawnees, aforesaid, any of the articles given them by the
Confederate States, he shall be severely punished.

Art. XLI. A general amnesty of all past offenses against the laws
of the United States, or of the Confederate States, committed before
the signing of this treaty, by any person of the Seneca tribe, or by any
Shawnee of the mixed bands, is hereby declared ; and all such persons,
if any, charged with any such offense, shall receive from the President
full and free pardon, and if imprisoned or held to bail, before or after
conviction, shall be discharged.

Art. XLII. The Confederate States of America hereby tender to the
Senecas, of the mixed bands of Senecas and Shawnees, the same pro-
tection and guarantees as are hereby extended and given to the Seneca
tribe, and to the Shawnees aforesaid, and the-other benefits offered to
the said Senecas specifically by this treaty; and if the said Senecas,
of the mixed bands, shall give no aid to the enemies of the Confederate
States, and shall, within one year from the day of the signing of this
treaty, enter into a convention whereby they shall unite in this treaty,
and shall accept and agree to all the terms and conditions of the same,
then it shall, to all intents and purposes, be regarded as having been
originally made with them also, and they be deemed and taken to be
parties hereto as if they were now to sign the same.

Art. XLIII. This convention shall be obligatory on the Seneca tribe,
and on the Shawnees, aforesaid, of the mixed bands, from the day of
its date, and on the Confederate States from and after its ratification
by the Senate or Provisional Congress.

42 R R — SERIES IV, VOL I

658 OOERESPONDENCE, ETC.

In testimony whereof the said Albert Pike, as commissioner with
plenary powers, on the part of the Confederate States, doth now here-
unto set hisliand and afftxthe seal of his arms; and the undersigned,
chiefs and headmen of the Seneca tribe of Indians, and of the Shaw-
nees of the mixed bands of Senecas and Shawnees, do hereunto set
their hands and affix their seals.

This done in duplicate at the place and upon the day in the month
and year first aforesaid.

[SEAL.] ALBERT PIKE,

Commissioner of the Confederate States to the

Indian Nations West of Arkansas.

Little Town Spicer, principal chief of Seneca tribe; Small
Cloud Spicer, second chief of Seneca tribe; Moses
Crow, councilor of Seneca tribe ; John Mush, councilor
of Seneca tribe; George Spicer, councilor of Seneca
tribe;- John Smith, James King, Isaac Warrior, Jim
Big-Bone, Buck Armstrong, Jo Crow, David Smith,
George Keron, C. S. interpreter for the Seneca tribe
(warriors of the Seneca tribe) ; Lewis Davis, principal
chief of the Senecas and Shawnees; Joseph Mohawk,
secondchief of the Shawnees; John Tomahawk ; White
Deer, councilor of the Shawnees; Silas Dougherty,
councilor of the Shawnees; William Barbee, C. S.
interpreter for the Shawnees.

Signetl, sealed, and delivered in presence of us.

Wm. Quesenbury, secretary to the commissioner; E. Rec-
tor, Superintendent of Indian Affairs, Confederate
States; Andrew J. Dorn, C. S. agent for Osages, Sen-
ecas, &c. ; W. Warren Johnson, Luther H. Pike, J. W.
Washbourne.

(To the Indian names are subjoined marks.)

RATIFICATION.

Resolved {txvo-thirds of Congress concurring). That the Congress of
the Confederate States of America do advise and consent to the ratifi-
cation of the articles of a convention made by Albert Pike, commis-
sioner of the Confederate States to the Indian* nations west of
Arkansas, in behalf of* the Confederate States, of the one part, and
the Seneca tribe of Indians, formerly known as the Senecas of San-
dusky, and the Shawnees of the tribe or confederacy of Senecas and
Shawnees, formerly known as the Senecas and Shawnees of Lewistown,
or the mixed bands of Senecas and Shawnees, each tribe for itself, by
the chiefs and warriors who signed the same articles, of the other
part, concluded at Park Hill, in the Cherokee Nation, on the fourth
day of October, A. D. one thousand eight hundred and sixty-one, with
the following amendment:

In Article XXVII, at the end of the words "or in a State court,"
add the following words, "subject to the laws of the State."

Note. — The amendment was agreed to and ratified by the Senecas and Shaw-
nees as a part of the treaty.

CONFEDERATE AUTHORITIES. 659

ARTICLES OF A CONVENTION, entered into and concluded at Park Hill, in
the Cherokee Nation, on the fourth day of October, A. D. one thousand eight
hundred and sixty-one, between the Confederate States of America, by Albert
Kke, their commissioner, with full powers, appointed by the President, by
virtue of an act of the Congress in that behalf, of the one part, and the Qua-
paw tribe of Indians, by its chiefs and warriors, who have signed these articles,
of the other part.

Article I. The Quapaw tribe of Indians, and all the persons
thereof, do hereby place themselves under the laws and ijrotection of
the Confederate States of America, in peace and in war, forever and
agree to be true and loyal to them under all circumstances.

Art. II. The Confederate States of America do hereby promise and
firmly engage themselves to be, during all time, the friends and pro-
tectors of the Quapaw tribe of Indians, and to defend and secure
them in the enjoyment of all their rights ; and that they will not allow
them henceforward to be in any wise troubled or molested by any
power or people, State, or person whatever.

Art. III. The Confederate States of America do hereby assure and
guarantee to the Quapaw tribe of Indians the exclusive and undis-
puted possession, use, and occupancy, during all time, as long as
grass shall grow and water run, of the country heretofore secured
to them by treaty with the United States of America, and which is
described in the treaty of the thii'teenth day of May, A. D. one thou-
sand eight hundred and tliirtj'-three, as follows, that is to say: " One
hundred and fifty sections of land, west of the State of Missouri, and
between the lands of the Senecas and Shawnees, not heretofore as-
signed to any other tribe of Indians;" and as the same was afterward
selected and assigned to said Quapaw tribe, and is now held and
occupied by them, which lands shall not be sold or ceded by said
tribe, nor shall any part thereof, to any nation or people, except to
the Confederate States, nor to any individuals whatever, except as
hereinafter provided, and the same shall vest in the Confederate
States in case the said tribe becomes extinct or abandons the same.

Art. IV. The right is hereby reserved to the Confederate States to
select in any unoccupied part of said country, if they shall desire to
do so, a tract of land one mile square, as a reserve and site for an
agency for the said tribe, which shall revert to the said tribe, with all
the buildings thereon, whenever it shall cease to be occupied for an
agency.

Art. V. The Confederate States shall have the right to establish in
the said country such forts and military posts as they may deem nec-
essary, and shall have the right to select for each such fort or post a
tract of land one mile square, on which such fort or post shall be
established : Provided, That if any person have any improvements on
any tract so selected, the value of such improvements shall be paid
by the Government to the owner thereof.

Art. VI. No person whatever shall be permitted to settle or reside
upon the agency reserve, when it shall have been selected, except by
permission of the agent; nor upon any reserve for a fort or military
post, except by the permission of the commanding officer; and every
such reserve for forts or military posts shall be within the sole and
exclusive jurisdiction of the Confederate States.

Art. VII. The Confederate States hereby agree that the country
hereby secured to the said tribe shall never be included within the
bounds of any State or Territory, nor shall any of the laws of any
State or Territory ever be extended over, or put in force within, any

660 CORRESPONDENCE, ETC.

part of the said country; and the President of the Confederate States
will cause the said tribe to be protected against all molestation or dis-
turbance at the hands of any other tribe or nation of Indians, or of
any other person or persons whatever; and he shall have the same
care and superintendence over them as was heretofore had by the
President of the United States.

Art. VIII. The members of the said Quapaw tribe of Indians shall
have the right henceforward of hunting and killing game in all the
unoccupied country west of the possessions of the Cherokees, Semi-
noles, Choctaws, and Chickasaws, without molestation from any quar-
ter, being, while so engaged therein, under the protection of the
Confederate States.

Art. IX. There shall be perpetual peace and brotherhood between
the Quapaw tribe of Indians and the Osages, Senecas, Senecas and
Shawnees, Mus-ko-kis, Seminoles, Choctaws, and Chickasaws, and the
bands of Wichitas, Cado-Ha-da-chos, Hue-cos, Ta-hua-ca-ros, A-na-
dagh-cos, Ton-ca-wes, Ki-chais, Ai-o-nais, Sliawnees, and Delawares
living in the country leased from the Choctaws and Chickasaws, and
the Pen-e-tegh-ca, No-co-ni, Ta-ne-i-weh, Ya-pa-rih-ca, and Co-cho-
tih-ca bands of the Ne-um or Comauches; and every injury or act of
hostility which either has heretofore sustained or met with at the
hands of the other shall be forgiven and forgotten.

Art. X. The Quapaw tribe of Indians and the said several other
nations, tribes, and bands shall henceforth be good neighbors to each
other, and there shall be a free and friendly intercourse among them.
And it is hereby agreed by the said Quapaw tribe, as has already been
agreed by all the others, that the horses, cattle, and other stock and
property of each nation, tribe, or band, and of every person of each,
is his or its own ; and that no person belonging to the Quapaw tribe
shall or will hereafter kill, take away, or injure any such property of
another tribe or band, or of any member of any other tribe or band,
or in any other way do them any harm.

Art. XI. Especially there shall be perpetual peace and friendship
between said Quapaw tribe and the Osages, Senecas, Senecas and
Shawnees, Cherokees, Mus-ko-kis, Seminoles, Choctaws, and Chicka-
saws; and the chiefs and headmen of the said Quapaw tribe shall do
all in their power to take and restore any negroes, horses, or other
property stolen from white men or from persons belonging to either of
said nations and tribes, and to catch and give up any person among
them who may kill or steal or do any other evil act.

Art. XII. In order that the friendship now established between the
said Quapaw tribe of Indians and the Confederate Spates and the other
Indian nations, tribes, and bands aforesaid may not be interrupted by
the misconduct of individuals or bands of individuals, it is hereby
agreed that for injuries done by individuals no private revenge or retal-
iation shall take place, but instead thereof complaint shall be made
by the said Quapaw tribe of Indians, when any individual thereof is
injured, to the agent of the Confederate States for the Osages and
other tribes, who shall investigate the complaint, and if he finds it
well founded shall report the same to the superintendent, who shall
cause the wrong to be redressed and the person doing [it] to be
arrested, whether he be a white man or an Indian ; and he or they
shall be tried for the same agreeably to the laws of the Confederate
States or of the State or Territory against which he may have offended,
and be punished in the sa ne manner and with the same severity as
if the injury had been done to a white man. And it is also agreed

CONFEDERATE AUTHORITIES. 661

that if any member of the Quapaw tribe shall do any injury to the
person or property of any white man, or of a member of any other
nation or tribe under the protection of the Confederate States, the
offender shall be given up to the agent upon complaint made to him,
and on his demand the wrong shall be redressed by him, and the
offender be tried for the offense agreeably to the laws of the Confed-
erate States, or of the State, Territory, or nation against which he
may [have] offended: Provided, That he shall be punished in no other
manner nor with any greater severity than a citizen of the Confed-
erate States or of such State, Territory, or nation would be if he
had committed the same offense.

Art. XIII. It is hereby further agreed that the chiefs of the Qua-
paw tribe shall use every exertion in their power to recover any horses
or other property that may be stolen from any citizen of the Confed-
erate States, or from any member of any other Indian nation or tribe
under the protection of the Confederate States, by any person or per-
sons Avliatever, and found within the limits of their country; and the
property so I'ecovered sliall be forthwith delivered to the owner or to
the agent to be restored to him. If in any case the right to the
property claimed is contested by the person in possession, the agent
shall summarily investigate the case, and, upon hearing the testimony
of witnesses, shall decide the right to the property, and order it to be
detained or delivered uj) accordingly. Either party may appeal from
his decision to the superintendent, whose decision shall be final in all
cases, the property in the meantime remaining in the custody of the
agent. If in any case the exertions of the chiefs to cause the res-
toration of stolen property prove ineffectual, and the agent is satisfied
from the testimony that it was actually stolen, or received with knowl-
edge of its being stolen, by any person belonging to the Quapaw tribe,
he shall so report to the superintendent, with a copy of the testimony,
which shall, for that purpose, be always reduced to writing; and the
superintendent shall, if satisfied from the testimony, deduct from the
annuity of the tribe a sum equal to the value of the property stolen.

Art. XIV. The Confederate States hereby guarantee full and fair
pajTnent to the owner of the actual and full value of all horses and
other property stolen from any person or persons belonging to the
Quapaw tribe by any citizen of the Confederate States, or by any
Indian of any other nation or tribe under their protection, in case
the same cannot be recovered and restored, and upon sufficient proof
being made before the superintendent, or any agent of the Confed-
erate States for any such nations or tribes, that such property was
actually stolen by a citizen or citizens of the Confederate States, or
by an Indian or Indians of any nation or tribe under their protection.

Art. XV. An agent for the Great and Little Osage tribes, the
Quapaws, Senecas, and Senecas and Shawnees shall be appointed by
the President, and an interpreter for the Quapaw tribe for their pro-
tection, and that their complaints may be heard by, and their wants
made known to, the President. The agent shall reside continually in
the countrj' of one or the other of said tribes or bands, and the inter-
preter shall reside continually amongst the Quapaws, and neither of
them shall ever be absent from their posts, except by permission of
the superintendent.

Art. XVI. None of the braves of the Quapaw tribe shall go upon
the warpath against any enemy whatever, except with the consent
of the agent, or unless it be to pursue hostile bands of white men or
Indians entering their country and committing murder, robbery, or

662 CORRESPONDENCE, ETC.

other outrage, when immediate pursuit is necessary; nor shall hold
any talks or councils with any white men or Indians without his
knowledge and consent. And they especially agree to attend no
councils or talks in the country of any people with whom the Confed-
erate States are at war; and in case they do so, all the benefits secured
to them by this treaty shall immediately and forever cease.

Art. XVII. The Confederate States will not permit any improper
person to reside or be in the Quapaw country, but only such persons
as are employed by them, their officers, or agents, and traders, licensed
by them, who shall sell to the Quapaws and buy from them at fair
prices, under such regulations as the President shall make from time
to time.

Art. XVIII. No State or Territory shall ever pass laws for the gov-
ernment of the Quapaw people, and, except so far as the laws of the
Confederate States are in force in their country, they shall be left
free to govern themselves and to punish offenses committed by one of
themselves against the person or property of another: Provided, That
if one of them kills another without good cause or justification he
shall suffer death, but only by the sentence of the chiefs, and after a
fair trial, all private revenge being strictly forbidden.

Art. XIX. Every white man who marries a woman of the Quapaws
and resides in the Quapaw country shall be deemed and taken, even
after the death of his wife, to be a Quapaw and a member of the
tribe so far as to be subject to its laws in respect to all offenses com-
mitted in its country against the person or property of another mem-
ber of his tribe, and as not to be considered a white man committing
such offense against the person or property of an Indian within the
meaning of the acts of the Congress of the Confederate States; and all
negroes or mulattoes, bond or free, committing any such offense in
said country shall in like manner be subject to the laws of the tribe.

Art. XX. The Confederate States shall have the right to establish,
open, and maintain such military and other roads through any part
of the Quapaw country as the President may deem necessary without
making any compensation for the right of way or for the land, timber,
or stone used in constructing the same ; but if any other property of
the tribe or any other property or the improvements of an individual
be used or injured therein, just and adequate compensation shall be
made.

Art. XXI. The Confederate States may grant the right of way for
any railroad through any part of the Quapaw country; but the com-
pany to which any such right may be granted shall pay to the tribe
therefor such sum as shall, in the opinion of the President, be its fair
value, and shall also pay to individuals all damages done by the
building of said road to their improvements or other property, to such
amount in each case as commissioners appointed by the President
shall determine.

Art. XXII. The agent of the Confederate States for the Osages and
other tribes shall prevent all intrusions by hunters and others upon
the lands of the Quapaws, and permit no white men or other Indians to
settle thereon, and shall remove all such persons, calling, if necessary,
upon the military power for aid ; and the commanders of military
posts in that or the adjoining country shall be required to afford him
such aid upon his requisition.

Art. XXIII. The Quapaws may allow persons of any other tribe of
Indians to settle among them, and may receive from them, for their

CONFEDERATE AUTHORITIES. 663

own benefit, compensation for such lands as they may sell or assign
to such persons.

Art. XXIV. No citizen or inhabitant of the Confederate States or
member of any friendly nation or tribe ot Indians shall pasture stock
on the lands of the Quapaws; but all such persons shall have full
liberty at all times, and whether for business or pleasure, peaceably
to travel in their country, on the roads or elsewhere, to drive their
stock through the same, and to halt such reasonable time on the way
as may be necessary to recruit their stock, such delay being in good
faith for that purpose and no other.

Art. XXV. Any person duly charged with a criminal offense against
the laws of the Confederate States, or of any State or Territory, or of
any Indian nation or tribe under the protection of the Confederate
States, escaping into the Quapaw country, shall be promptly taken
and delivered up by the chiefs of the Quapaws, on the demand of the
proper authority of the Confederate States, or of the State, Territory,
nation, or tribe within whose jurisdiction the offense shall be alleged
to have been committed.

Art. XXVI. In addition to the laws of the Confederate States
expressly applying to the Indian country, so much of their laws as
provides for the punishment of crimes amounting to felony at common
law, or by statute against their laws, authority, or treaties, and over
which the courts of the Confederate States have jurisdiction, includ-
ing the counterfeiting the coin of the United States or of the Con-
federate States, or any other current coin, or the securities of the
Confederate States, or the uttering of such counterfeit coin or securi-
ties; and so much of said laws as provides for punishing violations of
the neutrality laws, and resistance to the process of the Confederate
States; and all the acts of the Provisional Congress providing for
the common defense and welfare, so far as the same are not locally
inapplicable, and the laws providing for the capture and delivery of
fugitive slaves, shall be in force in the Qxiapaw country; and the dis-
trict court for Chalahki district, when established, shall have exclu-
sive jurisdiction to try, condemn, and punish offenders against those
laws, to adjudge and pronounce sentence, and cause execution thereof
to be done.

Art. XXVII. Whenever any person who is a member of the Qua-
paw tribe shall be indicted for any offense in any court of the Con-
federate States, or in a State court, he shall be entitled, as of common
right, to subpoena and, if necessary, to compulsory process for all
such witnesses in his behalf as his coTinsel may think material for his
defense ; and the costs of process for such witnesses, and,of the service
thereof, and fees and mileage of such witnesses, shall be paid by the
Confederate States; and whenever the accused is not able to employ
counsel, the court shall assign him one experienced counsel for his
defense, who shall be paid by the Confederate States a reasonable
compensation for his services, to be fixed by the court and paid upon
the certificate of the judge.

Art. XXVIII. It is hereby declared and agreed that the institution
of slavery in the said Quapaw tribe is legal, and has existed from time
immemorial; that slaves are personal property; that the title to slaves
and other property having its origin in the said tribe is to be deter-
mined by the laws and customs thereof, and that the slaves and per-
sonal property of every person domiciled in the country of said tribe
shall pass and be distributed at his or her death in accordance with

664 CORRESPONDENCE, ETC.

the laws, usages, and customs of the said tribe, which may be proved
by oral evidence, and shall everj'where be held valid and binding
within the scope of their operation. And if any slave escape from
said tribe, the laws of the Confederate States for the capture and
delivery of fugitive slaves shall apply to such cases, whether they
escape into a State or Territory or into any Indian nation or tribe
under the protection of the Confederate States, the obligation upon
each such State, Territory, nation, or tribe to deliver up the same
being in every case as complete as if they had escaped from a State,
and the mode of procedure the same.

Akt. XXIX. The Quapaw tribe of Indians hereby makes itself a
party to the existing war between the Confederate States and the
United States of America, as the ally and ward of the former; and, in
consideration of the protection guaranteed by this treatj', and of their
common interests, hereby agrees to aid in defending its coimtrj"^ against
any invasion thereof by the common enemy; and it is agreed that all
warriors furnished by it for the service of the Confederate States, and
which shall be mustered into that service, shall receive the same pay
and allowances as other troops of the same class therein, and remain
in the service as long as the President shall require.

Art. XXX. The Confederate States hereby agree to furnish each
waiTior of the Quapaw tribe, who has not a gun, with a good rifle, and
also to furnish each warrior with a sufficient supply of ammunition
during the war.

Art. XXXI. The Confederate States will also furnish theQuapaws,
at a proper place, with such medicines as may be necessary, and will
employ a physician for them and for the Senecas, and Senecas and
Shawnees, who shall reside at a convenient place in the country of
one or the other tribe, during the pleasure of the President; and any
physician employed shall be discharged by the superintendent, and
another be employed in his place, in case of incompetency or inatten-
tion to his duties.

Art. XXXII. In consideration of the uniform loyalty and good con-
duct of the Quapaw tribe, and of their necessities, arising from the
sale by them of their lands in Arkansas for a grossly inadequate price,
by the treaty of the year one thousand eight hundred and twenty-four,
the Confederate States hereby agree to expend for the benefit of the
Quapaws, in each year, for and during the term of twenty years from
the day of the signing of this treaty, commencing with the year one
thousand eight hundred and sixtj'^-two, the sum of $2,000, which shall
be applied each year by the superintendent to the purchase of articles
costing that sum at the place of purchase in the Confederate States, to
consist of blankets, clothing, tobacco, household and kitchen furniture
and utensils, and other articles of ease and comfort for the Quapaws,
which shall be distributed among them by the agent, as equally as
possible, regard being had in the distribution to the character for
industry or idleness, and good or bad conduct, on the part of the
recipient, as well as the necessities of each, so that the good and needy
shall be preferred, and in determining which the agent shall pay due
respect to the opinions and judgment of the chiefs.

Art. XXXIII. The Confederate States also agree to employ a black-
smith for the Quapaws for and during the term of twenty years from
the date of this treaty, and an assistant, who shall be one of the Qua-
paw people, and receive a compensation of $250 per annum ; and they
will also furnish the blacksmith with a dwelling-house, shop, and

CONFEDERATE AUTHORITIES. 665

tools, and supply the shop with coal and with 600 pounds of iron and
100 pounds of steel annually.

Art. XXXIV. The Confederate States will also employ one wagon-
maker and wheelwright for the Quapaws for and during the term of
twenty years from the date of this treaty, and furnish him with a
dwelling-house, shops, tools, and the necessary materials.

Art. XXXV. The Confederate States hereby agree to build and put
in running order for the Quapaws, at some suitable point in their
country, to be selected by the agent, a good grist and saw mill, and to
deliver the same when completed to the Quapaw people, whose abso-
lute propertj^ it shall at once become. And the Confederate States
will also employ for the term of ten years an experienced miller for
each mill, to be selected, if possible, from among the Quapaws, and
if such millers can be had at a compensation not exceeding $600 per
annum for each.

Art. XXXVI. The Confederate States also further agree to pur-
chase for the Quapaws four good wagons and harness for four horses
for each wagon, ten yoke oxen, and ten sets of horse gear complete,
to be delivered to the chiefs, and used for the general benefit of their
people.

Art. XXXVII. The Confederate States also further agree perpetu-
ally to paj"^ regularly and annually hereafter the sum of $1,000 for
education of their children, provided by the treaty of the thirteenth
day of May, A. D. one thousand eight hundred and thirty-three, and
also to add to that sum in each and every year the further sura of
$1,500, which sums shall be payable on the first day of Januaiy in
each year, commencing with the j'^ear one thousand eight hundred
and sixty-two, and shall be applied by the agent to the education of
Quapaw children and j'ouths in the Osage manual-labor school, until
an institution of learning can be, with the aid of this perpetual fund,
established in the countrj'^ of the Quapaws.

Art. XXXVIII. Inasmuch as the Quapaws have no fund out of
which to pay the salaries of their chiefs, or the expenses of their gov-
ernment, the Confederate States further agree to pay to each of the
present chiefs, Wat-ti-shi-nek Kat-eh-de, the first chief, Ka-hi-keh-
tih-te, the second chief, for each year, and during his natural life, an
annuity of $100 in money per annum, payable on the first day of Jan-
uary in each year, commencing with the year one thousand eight
hundred and sixty-two.

Art. XXXIX. If any trader or other person should purchase from
any Quapaw any of the chattels or articles given him by the Confed-
erate States, he shall be severely punished.

Art. XL. A general amnesty of all past offenses against the laws
of the United States or of the Confederate States, committed before
the signing of this treaty by any member of the Quapaw tribe, as
such membership is defined in this treaty, is hereby declared; and all
such persons, if any, charged with such offense shall receive from the
President full and free pardon, and if imprisoned or held to bail,
before or after conviction, shall be discharged.

Art. XLI. This convention shall be obligatory on the Quapaw tribe
of Indians from the day of its date, and on the Confederate States
from and after its ratification by the Senate or Provisional Congress.

In perpetual testimony whereof the said Albert Pike, as commis-
sioner with plenary powers, on the part of the Confederate States,
doth now hereunto set his hand and affix the seal of his arms; and the

666 CORREBPONDENCE, ETC.

undersigned, chiefs and headmen of the Quapaw tribe of Indians, do
hereunto set their hands and affix their seals.

This done in duplicate at the place and upon the day in the year
first aforesaid.

[seal.] albert pike,

Commissioner of the Confederate States to the

Indian Nations West of Arkansas.

Wat-ti-shi-nek Kat-eh-de, principal chief of the Quapaws;
George Lane, Elijah H. Fields, Not-tet-tu, Ka-ni, Mos-
ka-zi-ka, A-hi-sut-ta, Nik-kat-toh, Mo-zek-ka-ne, S. G.
Vallar, R. P. Lombard.

Signed, sealed, and delivered in the presence of us.

Wm. Quesenbury, secretary to the commissioner; E. Rector,
Superintendent Indian Affairs, Confederate States;
Andrew J. Dom, C. S. agent for the Quapaws, &c. ;
W. Warren Johnson, R. H. Bean, J. W. Washboume.

(To the Indian names are subjoined marks.)

RATIFICATION.

Resolved {two-thirds of the Congress concurring), That the Congress
of the Confederate States of America do advise and consent to the
ratification of the articles of a convention, made by Albert Pike,
commissioner of the Confederate States to the Indian nations west of
Arkansas, of the one part, and the Quapaw tribe of Indians, by its
chiefs and warriors, who signed the same articles, of the other part,
concluded at Park Hill, in the Cherokee Nation, on the fourth day of
October, A. D. one thousand eight hundred and sixty-one, with the
following amendment:

Strike out from Article XXVII the following words, "or in a State
court," and insert in lieu thereof the following words, "or in a State
court, subject to the laws of the State."

Note. — The amendment was agreed to and ratified by the Quapaws as a part
of the treaty.

Atlanta, .October 4, 1861.
Hon. J. P. Benjamin,

Secretary of War:
Have given to you and Major Ashe reason why I cannot spare cars
and engines from State road. He writes from Chattanooga that he
has orders to impress them. I presume he has not received your
countermanding order. I hope you will telegraph him, as I shall cer-
tainly resist the impressment by military force if necessary. The
Southern route, only a few hours longer, will carry promptly to extent
of our capacity all freights sent, but will not suspend the working of
our own road to enable another line to carry all the freight.

JOSEPH E. BROWN.

CONFEDERATE AUTHORITIES. 667

Confederate States op America, "War Department,

Richmond, October 4, 1861.
His Excellency Francis W. Pickens,

Oovemor of South Carolina :
Sir : Your letter of the 28th of September has been received, and in
compliance with your wishes no more troops will be called for from
South Carolina without previous conference with Your Excellency. I
sincerely regret that it is not at present in the power of this Depart-
ment to furnish your troops with arms, especially as South Carolina
has been so liberal in sending her arms to Virginia to be used in the
common cause. No pains will be spared to procure arms, and as soon
as it becomes possible it will afford me great pleasure to supply the
troops of South Carolina with them.
Very respectfully,

J. P. BENJAMIN,
Acting Secretary of War.

Headquarters Military District,

Savannah, October 5, 1861.
Hon. J. P. Benjamin,

Acting Secretary of War, Richmond, Va.:

Sir: I have the honor to acknowledge the receipt of your letter of
the 29th of September by the hands of my aide-de-camp. Captain
Clinch. That the course I found it my duty to pursue in an emer-
gency with regard to a portion of the arms landed in Savannah from
the steamer Bermuda does not meet with the approval of the Depart-
ment is to me a source of sincere regret. I would content myself,
however, with the reflection that I had discharged my whole duty
according to my best judgment, and bow in silence to the decision of
the proper authority, did not the terms in which you are pleased to
characterize my conduct, and the illustrations to which you resort to
make manifest its impropriety, force me either to call your attention
to some of them or to consent at once to an entire surrender of my
own self-respect. When such an alternative is presented I cannot
hesitate as to my duty.

Indulge me while I state the facts briefly: For several days after
the arrival of the Bermuda at Savannah it was impossible to ascer-
tain here whether the arms and munitions by the steamer were public
or private property. Sorely pressed for the want of arms, and
authorized as I was by the War Department to organize the necessary
force for the defense of this coast, I communicated promptly with the
consignees in Charleston, and wrote and telegraphed the Adjutant-
General on the subject. I am not aware that I transcended my
authority in this. There was no reply to either my letter or telegraph
to the Adjutant-General, though these applications were certainly
most respectful in terms and directly connected with my official
duties. Repeated inquiries from day to day satisfied me that neither
the ordnance oflieer nor quartermaster of this command (to whose
care would naturally have been committed such portions of the cargo
as appertained to each of these departments), nor any other Confed-
erate officer, had any control or supervision over these arms, so inval-
uable to the Confederate Government. Without reference even to
my extreme desire to procure a portion of these arms for my com-
mand, as the military commander of this district I did not feel that I

668 CORRESPONDENCE, ETC.

was of&cious in exercising some general supervision over, or at least
manifesting profound interest in, so much valuable public property,
for I had not then been informed by the "War Department that this
was no more to be expected of me "than that I would assume to exer-
cise authority in Virginia or Missouri."

In this state of uncertainty and anxiety I received an application
from the collector of this port to place a guard over certain arms and
munitions believed to be the property of the Confederate States. It
was after this, and when the report that the enemy's fleet was
intended for the coast of Georgia had caused great excitement and
alarm among the good people within tlie limits of my command, that
I took possession of a portion of these arms, notifying the Depart-
ment promptly of my action in the premises. The Department seems
to treat this matter as though the arms were by lay act placed out of
its reach, or even sent "beyond seas," whereas they were simply
taken possession of by an ordnance oificer of the Confederate service
under my command, and such as were issued at all were placed in the
hands of troops mustered in for the war, subject to be ordered any-
where or disarmed, at the pleasure of the Government, when the
emergency was over; and the result has shown the correctness of this
view, for the order of the Department touching these very arms has
now been executed to the letter, without obstacle or delay. I was not
a little surprised to learn from your letter that instead of asking
instructions I had "informed the Department by telegraph of my
intention to seize these arms, to which no other reply could be
made," &e. If I ever sent any such dispatch, neither my memory
nor my copy book recalls it, and should it have any existence, I beg
to ask the favor of you to forward me a copy of it from the flies of the
Department. I know of but two dispatches sent by me on this sub-
ject, the flrst to the Adjutant-General, as follows :

September 20, 1861.
I earnestly request that the arms and munitions of war by steamer Bermuda
now here may not leave Savannah until you receive my letter of this date.

The second, addressed to the Secretary of War, in reply to one
warning me as to the intended attack on Brunswick, &c. , and dated
25th of September, was as follows :

I can do nothing for want of arms, unless I hold those from steamer Bermuda.
I sent to-day a special agent to Richmond on this siibject.

There is an entire absence of any expression of intention in either
of these, and both of them simply and earnestly ask the assistance of
the Department. I will here add that if in all mattei's of importance
appertaining to this military district I delay action until I can receive
instructions from Richmond, my presence here can be of little impor-
tance in any emergency, for the average time consumed in asking for
and receiving instructions or replies of any kind is at least ten days,
sn great is the pressure of correspondence on the Department.

Was there no emergency to justify my act ? Aside from the rumors
with which the public ear was flUed, the Governor of Georgia notifled
me of a private dispatch from Richmond announcing that the mam-
moth fleet of the enemy was intended for Brunswick, on this coast.
The same information was dispatched directly to me by Hon. Howell
Cobb and by the Secretary of War, the latter on the same day, though
after I had sent my agent to Richmond. Under these circumstances,
had tlie enemy obtained a footing on this coast for the want of a force

CONFEDERATE AUTHORITIES. 669

to resist, while I had unarmed men under my command and arms in
abundance boxed up in a warehouse near by, I never could have jus-
tified myself before any tribunal, military, civil, or social.

In the trying and almost unaided position in which I am placed,
pai-don me for saying that it is truly painful to have it intimated by
the Department that I have utterly misconceived my powers and
duties and, indeed, that I am ignorant of the first principles of organ-
ization; that the Department "acts through its appropriate bureaus."
I had hoped that an early military education, followed by some expe-
rience in the military service of my country, would have protected me,
even after many years spent in civil life, from official suggestions so
mortifying to manly pride. While I hold a commission those in
authority over me have only to command and I obey. If, however,
my conduct, when left without instructions, desen^es to be character-
ized by the Department as it has been through your letter of the 29th
of September, I respectfully ask that the facts may be ascertained and
passed upon by a military tribunal.

I have the honor to be, very respectfully, your obedient servant,

A. R. LAWTON,
Briyadie7--0eneral, Commanding.

Confederate States of America, War Department,

Richmond, October 6, 1861.
H. W Sheffey, Esq., *

Staunton, Va.:
Sir: In reply to your letter of October 1 in regard to the project of
Mr. Crawford and other "bold and daring spirits," I can only say that
privateering is of necessity, by the laws of Congress as well as of
nations, confined to the high seas, and this service is, moreover, not
under the charge of this Department.
Respectfully,

J. P. BENJAMIN,
Acting Secretary of War.

A TREATY of friendship and alliance made and concluded at Tahlequah, in the
Cherokee Nation, on the seventh day of October, A. D. one thousand eight hun-
dred and sixty-one, between the Confederate States of America, by Albert Pike,
commissioner with plenary powers, of the Confederate States, of the one part,
and the Cherokee Nation of Indians, by John Ross, the principal chief, Joseph
Vemer, assistant principal chief, James Brown, John Drew, and William P.
Ross, executive councilors, constituting, with the principal and assistant prin-
cipal chiefs, the executive council of the nation, and authorized to enter into
this treaty by a general convention of the Cherokee people, held at Tahlequah,
the seat of government of the Cherokee Nation, on the twenty-first day of
August, A. D. one thousand eight hundred and sixty-one ; together with Lewis
Ross, Thomas Pegg, and Richard Fields, commissioners selected and appointed
by the principal chief vdth the advice and consent of the executive council
to assist in negotiating the same, of the other part.

The Congress of the Confederate States of America, having by an
"Act for the protection of certain Indian tribes," approved the twenty-
first day of May, A. D. one thousand eight hundred and sixty-one,
offered to assume and accept the protectorate of the several nations
and tribes of Indians occupying the country west of Arkansas and
Missouri, and to recognize them as their wards, subject to all the

670 CORRESPONDENCE, ETC.

rights, privileges and immunities, titles and guaranties with each of
said nations and tribes under treaties made with them by the United
States of America; and the Cherokee Nation of Indians having
assented thereto upon certain terms and conditions :

Now, therefore, the said Confederate States of America, by Albert
Pike, their commissioner, constituted by the President, under author-
ity of the act of Congress in that behalf, with plenary powers for these
purposes, and the Cherokee Nation, by the principal chief, executive
council, and commissioners aforesaid, has agi-eed to the following
articles, that is to say :

Article I. There shall be perpetual peace and friendship, and an
alliance, offensive and defensive, between the Confederate States of
America and all of their States and people, and the Cherokee Nation
and all the people thereof.

Art. II. The Cherokee Nation of Indians acknowledges itself to be
under the protection of the Confederate States of America, and of no
other power or sovereign whatever; and does hereby stipulate and
agree with them that it will not hereafter contract any alliance, or
enter into any compact, treaty, or agreement with any individual.
State, or with a foreign power; and the said Confederate States do
hereby assume and accept the said protectorate, and recognize the
said Cherokee Nation as their ward ; and by the consent of the said
nation now here freely given, the country whereof it is proprietor in
fee, as the same is hereinafter described, is annexed to the Confederate
States in the same manner and to the same extent as it was annexed
to the United States of America before that Government was dissolved,
witli such modifications, however, of the terms of annexation, and
upon such conditions as are hereinafter expressed, in addition to all
the rights, privileges, immunities, titles, and guaranties with or in
favor of the said nation, under treaties made with it, and under the
statutes of the United States of America. And in consequence of the
obligations imposed on the Cherokee people by this article, it is agreed
on the part of the Confederate States that they will not at any time
enter into any compact, treaty, or agreement with any individuals
or party in the Cherokee Nation, but only with the constitutional
authorities of the same, that will in any way interfere with or affect
any of the national rights of the Cherokee people.

Art. III. The Confederate States of America, having accepted the
said protectorate, hereby solemnly promise the said Cherokee Nation
never to desert or to abandon it, and that under no circumstances will
they permit the Northern States or any other enemy to overcome them
and sever the Cherokees from the Confederacy; btrt that they will, at
any cost and all hazards, protect and defend them and maintain
unbroken the ties created by identity of interests and institutions, and
strengthened and made perpetual by this treaty.

Art. IV. The boundaries of the Cherokee country shall forever
continue and remain the same as they are defined by letters patent
therefor given by the United States to the Cherokee Nation on the
thirty-first day of December, A. D. one thousand eight hundred and
thirty-eight, which boundaries are therein defined as follows :

Beginning at a mound of rocks four feet square at base, and four
and a half feet high, from which another mound of rocks bears south
one chain, and another mound of rocks bears west one chain, on what
has been denominated the old western territorial line of Arkansas
Territory, twenty-five miles north of Arkansas River; thence south

CONFEDEBATE AUTHORITIES. 671

tweuty-one miles and twenty-eight chains to a post on the northeast
bank of the Verdigris River, from which a hackberry, fifteen inches
diameter, bears south sixty-one degrees thirty-one minutes east,
forty-three links, marked C. H. L., and a Cottonwood, forty-two
inches diameter, bears south twenty-one degrees fifteen minutes east,
fifty links, marked C. R. R. L. ; thence down the Verdigris River,
on the northeast bank, with its meanders to the junction of Verdigris
and Arkansas Rivers; thence from the lower bank of Verdigris
River, on the north bank of Arkansas River, south forty-four degrees
thirteen minutes east, fifty-seven chains, to a post on the south bank
of Arkansas, opposite the eastern bank of Neosho River, at its junc-
tion with Arkansas, from which a red oak, thirty-six inches diameter,
bears south seventy-five degrees forty-five minutes west, twenty-four
links, and a hickory, twenty-four inches diameter, bears south eighty-
nine degrees east, four links; thence south fifty-three degrees west,
one mile, to a post from which a rock bears north fifty-three degrees
east, fifty links, and a rock bears south eighteen degrees eighteen
minutes west, fifty links; thence south eighteen degrees eighteen
minutes west, thirty-three miles, twenty-eight chains and eighty
links, to a rock, from which another rock bears north eighteen degrees
eighteen minutes east, fifty links, and another rock bears south fifty
links; thence south four miles to a post on the lower bank of the
North Fork of Canadian River at its junction with Canadian River,
from which a cottonwood, twenty-four inches diameter, bears north
eighteen degrees east, forty links, and a cottonwood, fifteen inches
diameter, bears south nine degrees east, fourteen links; thence down
the Canadian River on its north bank to its junction with Arkansas
River; thence down the main channel of Arkansas River to the west-
ern boundary of the State of Arkansas at the northern extremity of
the eastern boundary of the lands of the Choctaws, on the south bank
of Arkansas River, four chains and fifty-four links east of Fort
Smith; thence north seven degrees twenty- five minutes west with the
western boundary of the State of Arkansas, seventy-six miles sixty-
four chains and fifty links, to the southeast corner of the State of
Missouri; thence north on the western boundary of the State of
Missouri eight miles forty-nine chains and fifty links to the north
bank of Cowskin or Seneca River, at a mound six feet square at base
and five feet high, in which is a post marked on the south side Cor.
Ch. Ld. ; thence west on the northern boundary of the lands of the
Senecas, eleven miles and forty chains, to a post on the east bank of
Neosho River, from which a maple, eighteen inches diameter, bears
south thirty-one degrees east, seventy-two links ; thence up Neosho
River, with its meanders, on the east bank to the southern boundary
of Osage lands, thirty-six chains and fifty links, west of the southeast
corner of the lands of the Osages, witnessed by a mound of rocks on
the west bank of Neosho River; thence west on the southern boundary
of the Osage lands to the line dividing the territory of the United
States from that of Mexico, two hundred and eighty-eight miles
thirteen chains and sixty-six links, to a mound of earth six feet
square at base and five and a half feet high, in which is deposited a
cylinder of charcoal twelve inches long and four inches diameter;
thence south along the line of the territory of the United States and of
Mexico, sixty miles and twelve chains, to a mound of earth six feet
square at base and five and a half feet high, in which is deposited a
cylinder of charcoal eighteen inches long and three inches diameter;

672 CORRESPONDENCE, ETC.

thence east along the northern boundary of Creek lands, two hundred
and seventy-three miles fifty-five chains and sixty-six links, to the
beginning, containing within the survey 13,574,135.14 acres.

Art. V. The Cherokee Nation hereby gives its full, free, and
unqualified assent to those provisions of the act of Congress of the
Confederate States of America entitled "An act for the protection of
certain Indian tribes," approved the twenty-fourth day of May, A. D.
one thousand eight hundred and sixty-one, whereby it was declared
that all reversionary and other interest, right, title, and proprietorship
of the United States In, unto, and over the Indian country, in which
that of the said Cherokee Nation is included, should pass to and vest
in the Confederate States ; and whereby the President of the Confed-
erate States was authorized to take military possession and occupa-
tion of all said country; and whereby all tlie laws of the United
States, with the exception thereinafter made, applicable to and in
force in said country, and not inconsistent with the letter or spirit of
any treaty stipulations entered into with the Cherokee Nation, were
enacted, continued in force, and declared to be in force in said coun-
try as laws and statutes of the Confederate States : Provided, however,
And it is hereby agreed between the said parties that whatever in the
said laws of the United States contained is or may be contrary to or
inconsistent with any article or provision of this treaty is to be of
none effect henceforward, and shall, upon the ratification hereof, be
deemed and taken to have been repealed and annulled as of the
present date, and this assent, as thus qualified and conditioned, shall
relate to and be taken to have been given upon the said day of the
approval of the said act of Congress.

Art. VI. The Confederate States of America do hereby solemnly
guarantee to the Cherokee Nation, to be held by it to its own use and
behoof in fee simple forever, the lands included within the boundaries
defined in Article IV of this treaty; to be held by the people of the
Cherokee Nation in common as they have heretofore been held, if the
said nation shall so please, but witli power of making partition thereof
and dispositions of parcels of the same by virtue of laws of said
nation duly enacted, and approved by a majority of the Cherokee
jjeople in general convention assembled ; by which partition or sale
title in fee simple absolute shall vest in parceners and purchasers
whenever it shall please said nation, of its own free will and accord
and without solicitation from any quarter, to do so; which solicita-
tion the Confederate States hereby solemnly agree never to use; and
the title and tenure hereby guaranteed to the said nation is and shall
be subject to no other restrictions, reservations, or conditions what-
ever than such as are hereinafter specially expressed.

Art. VII. None of the lands hereby guaranteed to the Cherokee
Nation shall be sold, ceded, or otherwise disposed of to any foreign
nation or to any State or government whatever; and in case any such
sale, cession, or disposition should be made without the consent of
the Confederate States, all the said lands shall thereupon revert to
the Confederate States.

Art. VIII. The Confederate States of America do hereby solemnly
agree and bind themselves that no State or Territory shall ever pass
laws for the government of the Cherokee Nation ; and that no portion
of the lands guaranteed to it shall ever be embraced or included
within or annexed to any Territory or province; nor shall any attempt
ever be made, except upon the free, voluntary, and unsolicited appli-
cation of said nation, to erect its said country, by itself or with any

CONFEDERATE AUTHORITIES. 673

other, into a State or any other territorial or political organization,
or to incorporate it into any State previously created.

Art. IX. All navigable streams of the Confederate States and of
the Indian conntry shall be free to the people of the Cherokee Nation,
who shall pay no higher toll or tonnage duty or other duty than the
citizens of the Confederate States ; and the citizens of that nation living
upon the Arkansas River shall have, possess, and enjoy upon that river
the same ferry privileges, to the same extent in all respects, as citizens
of the Confederate States on the opposite side thereof, subject to no
other or a different tax or charge than they.

Art. X. The Cherokee Nation may by act of its legislative author-
ities receive and incorporate in the nation as niembei-s thereof, or
permit to reside and settle upon the national lands, such Indians of
any other nation or tribe as to it may seem good ; and may sell them
portions of its land, and receive to its own use the consideration
therefor; and the nation alone shall determine who are members and
citizens of the nation entitled to vote at elections and share in annui-
ties: Provided, That when persons of another Indian nation or tribe
shall once have been received as members of the nation, they shall
not be disfranchised or subjected to any other restrictions upon the
right of voting than such as shall apply to the Cherokees themselves.
But no Indians not settled in the Cherokee country shall be permitted
to come therein to reside without the consent and permission of the
legislative authority of the nation.

Art. XI. So far as may be compatible with the Constitution of the
Confederate States and with the laws made, enacted, or adopted in
conformity thereto, regulating trade and intercourse with the Indian
tribes, as the same are modified by this treaty, the Cherokee Nation
shall possess the otherwise unrestricted right of self-government and
full jurisdiction, judicial and otherwise, over persons and property
within its limit, excepting only such white persons as are not by
birth, adoption, or otherwise members of the Cherokee Nation; and
that there may be no doubt as to the meaning of this exception, it is
hereby declared that every white person who, having married a Chero-
kee woman, resides in said Cherokee country, or who, without inter-
marrying, is permanently domiciled thei'ein with the consent of tlie
authorities of the nation, and votes at elections, is to be deemed and
taken to be a member of the said nation within the true intent and
meaning of this article; and that the exception contained in the laws
for the punishment of offenses committed in the Indian country, to the
effect that they shall not extend or apply to offenses committed by one
Indian against the person or property of another Indian, shall be so
extended and enlarged by virtue of this article, when ratified and
without further legislation, as that none of said laws shall extend and
apply to any offense committed by any Indian, or negro, or mulatto,
or by any white person, so by birth, adoption, or otherwise a member
of the Cherokee Nation, against the person or property of any Indian,
negro, or mulatto, or any such white person, when the same shall be
committed within the limits of the said Cherokee Nation as herein-
before defined ; but all such persons shall be subject to the laws of
the Cherokee Nation, and to prosecution and trial before its tribunals,
and punishment according to such laws, in all respects like native
members of the said nation.

Art. XII. All persons not members of the Cherokee Nation, as
such membership is hereinbefore defined, who may be found in the
43 R R — SERIES IV, VOL I

674 COKRESPONDENCE, ETC.

Cherokee country, shall be considered as intruders, and be removed
and kept out of the same either by the civil officers of the nation
under the direction of the Executive or Legislature, or by the agent
of the Confederate States for the nation, who shall be authorized *o
demand, if necessary, the aid of the military for that purpose; with
the following exceptions only, that is to say: Such individuals with
their families as may be in the employment of the Government of the
Confederate States; all persons peaceably traveling, or temporarily
sojourning in the country, or trading therein iinder license from the
proper authority, and such persons as may be permitted by the legis-
lative authority of the Cherokee Nation to reside within its limits
without becoming members of the said nation.

Art. XIII. A tract of two sections of land in the said nation, to be
selected by the President of the Confederate States, or such officer or
person as he may appoint, in conjunction with the authorities of the
Cherokee Nation, at such a point as they may deem most proper, is
hereby ceded to the Confederate States, for the purpose of an agency;
and when selected shall be within their sole and exclusive jurisdiction,
except as to offenses committed therein by one member of the Cherokee
Nation against the person or property of another member of the same :
Provided, That whenever the agency shall be discontinued, the tract
so selected therein shaU revert to the said nation, with all the build-
ings that may be thereupon: And provided aho, That the President,
conjointly with the authorities of the nation, may at any time select,
in lieu of said reserve, any unoccupied tract of land in the nation,
and in any other part thereof, not greater in extent than two sections,
as a site for the agency of the nation, which shall in such ease con-
stitute the reserve, and that first selected shall thei-eupon revert to
the Cherokee Nation.

Art. XIV. The Confederate States shall have the right to build,
establish, and maintain such forts and military posts, temporary or
permanent, and such military and post roads as the President may
deem necessary in the Cherokee country ; and the quantity of one
mile square of land, including each fort or post, shall thereby vest
as by cession in the Confederate States and be within their sole and
exclusive jurisdiction, except as to offenses committed therein by
members of the Cherokee Nation against the persons or property of
other members of the same, so long as such fort or post is occupied; but
no greater quantity of land beyond one mile square shall be used or
occupied, nor any greater quantity of timber felled than of each is actu-
ally requisite; and if in the establishment of such fort, post, or road,
or of the agency, the property of any individual member of the Choc-
taw [Cherokee] Nation, other than land, timber, stone, and earth, be
taken, destroyed, or impaired, just and adequate compensation shall
be made by the Confederate States.

Art. XV. No person shall settle or raise stock within the limits of
any post or fort or of the agency reserve, except such as are or may be
in the employment of the Confederate States in some civil or military
capacity, or such as, being subject to the jurisdiction and laws of
the Cherokee Nation, are permitted by the commanding officer of the
fort or post to do so thereat, or by the agent to do so upon the agency
reserve.

Art. XVI. An agent of the Confederate States for the Cherokee
Nation and an interpreter shall continue to be appointed, both of
whom shall reside at the agency. And whenever a vacancy shall
occur in either of the said offices the authorities of the nation shall be

CONFEDERATE AUTHOEITIES. 675

consulted as to the person to be appointed to fill the same, and no
one shall be appointed against whom they in good faith protest, and
the agent may be removed on petition and formal charges preferred
by the constituted authorities of the nation, the President being
satisfied, upon full investigation, that there is sufficient cause for
such removal.

Art. XVII. The Confederate States shall protect the Cherokees
from hostile invasion and from aggression by other Indians and white
persons not subject to the laws and jurisdiction of the Cherokee
Nation; and for all injuries resulting from such Invasion or aggres-
sion full indemnity is hereby guaranteed to the party or parties
injured, out of the Treasury of the Confederate States, upon the same
principle and according to the same rules upon which white persons
are entitled to indemnity for injuries or aggressions upon them com-
mitted by Indians.

Art. XVIII. It is further agreed between the parties that the agent
of the Confederate States, upon the application of the authorities of
the Cherokee Nation, will not only resort to every proper legal remedy,
at the expense of the Confederate States, to prevent intrusion upon
the lands of the Cherokees and to remove dangerous or improper
persons, but he shaU call upon the military power if necessary; and
to that end all commanders of military posts in the said country shall
be required and directed to afford him, upon his requisition, whatever
aid may be necessary to effect the purposes of this article.

Art. XIX. If any property of any Cherokees be taken by citizens
of the Confederate States by stealth or force, the agent, on complaint
made to him in due form by af&davit, shall use all proper legal means
and remedies in any State where the offender may be found to regain
the property or compel a just remuneration, and on failure to procure
redress payment shall be made for the loss sustained by the Confed-
erate States upon the report of the agent, who shall have power to
take testimony and examine witnesses in regard to the wrong done
and the extent of the injury.

Art. XX. No person shall be licensed to trade with the Cherokees
except by the agent and with the advice and consent of the National
Council. Every such trader shall execute bond to the Confederate
States in such form and manner as was required by the United States,
or as may be required by the Bureau of Indian Affairs. The authori-
ties of the Cherokee Nation may, by a general law, duly enacted, levy
and collect on aU licensed traders in the nation a tax of not more
than one-half of 1 per cent, on all goods, wares, and merchandise
brought by them into the Cherokee country for sale, to be collected
whenever such goods, wares, and merchandise are introduced, and
estimated upon the first cost of the same at the place of purchase, as
the same shall be shown by the copies of the invoices filed with the
agent. No appeal shaU hereafter lie from the decision of the agent
or council refusing a license to the Commissioner of Indian Affairs, or
elsewhere, except only to the superintendent in case of a refusal by
the agent. And no license shall be required to authorize any member
of the Cherokee Nation to trade in the Cherokee country, nor to
authorize any person to sell flour, meats, fruits, and other provisions,
or stock, wagons, agricultural implements, or arms brought from
any of the Confederate States into the country, nor shall any tax be
levied upon such articles or the proceeds of the sale thereof. And
all other goods, wares, and merchandise exposed to sale by a person
not qualified, without a license, shall be forfeited and be delivered

676

and given to the authorities of the nation, as also shall all wines and
liquors illegally introduced.

Art. XXI. AH restrictions contained in any treaty made with the
United States, or created by any law or regulation of the United
States, upon the limited right of any member of the Cherokee Nation
to sell and dispose of, to any person whatever, any chattel or other
article of personal property, are hereby removed; and no such restric-
tions shall hereafter be imposed, except by their own legislation.

Art. XXII. It is hereby further agreed by the Confederate States
that all the members of the Cherokee Nation, as hereinbefore defined,
shall be henceforward competent to take, hold, and pass, by purchase
or descent, lands in any of the Confederate States, heretofore or
hereafter acquired by them.

Akt. XXIII. In order to secure the due enforcement of so much of
the laws of the Confederate States in regard to criminal ofEenses and
misdemeanors as is or may be in force in the said Cherokee country,
and to prevent the Cherokees from being further harassed by judicial
proceedings had in foreign courts and before juries not of the vic-
inage, the said country is hereby erected into and constituted a judi-
cial district, to be called the Chalahki district, for the special purposes
and jurisdiction hereinafter provided; and there shall be created and
semi-annually held, within such district as Tahlequah, or in case of
the removal of the seat of government of the nation, then at such
place as may become the seat of government, a district court of the
Confederate States, with the powers of a circuit court, so far as the
same shaU be necessary to carry out the provisions of this treaty,
and with jurisdiction co-extensive with the limits of such district, in
such matters, civil and criminal, to such extent and between such
parties as may be prescribed by law, and in conformity to the terms
of this treaty.

Art. XXIV. In addition to so much and such parts of the acts of
Congress of the United States enacted to regulate trade and inter-
course with the Indian tribes, and to preserve peace on the frontiers
as have been re-enacted and continued in force by the Confederate
States, and as are not inconsistent with the provisions of this treaty,
so much of the laws of the Confederate States as provides for the
punii^hment of crimes amounting to felony at common law or by stat-
ute, against the laws, authority, or treaties of the Confederate States,
and over which the courts of the Confederate States have jurisdic-
tion, including the counterfeiting the coin of the United States or of
the Confederate States, or the securities of the Confederate States,
and so much of the said laws as provides for punishing violators of
the neutrality laws and resistance to the process of the Confederate
States, and all the acts of the Provisional Congress providing for
the common defense and welfare, so far as the same are not locally
inapplicable, shall hereafter be in force in the Cherokee country, and
the said district court shall have exclusive jurisdiction to try, con-
demn, and punish offenders against any such laws, to adjudge and
pronounce sentence, and cause execution thereof to be done in the
same manner as is done in any other district court of the Confederate
States.

Art. XXV. The said district court of the Confederate States of
America for the district of Chalahki shall also have the same admi-
ralty jurisdiction as other district courts of the Confederate courts
against any person or persons residing or found within the district,
and in all civil suits at law or in equity when the matter in contro-

CONFEDERATE AUTHORITIES. 677

versy is of greater value than $500, between a citizen or citizens of
any State or States of the Confederate States or any Territory of the
same, or an alien or aliens and a citizen or citizens of the said dis-
trict, or person or persons residing therein; and the Confederate
States will, by suitable enactments, provide for the appointment of a
judge and other proper oflBcers of the said court, the clerk and mar-
shal being members of the Cherokee Nation, and make all necessary
enactments and regulations for the complete establishment and
organization of the same, and to give full effect to its proceedings
and jurisdiction.

Art. XXVI. The said district court shall have no jurisdiction to
try and punish any person for any offense committed prior to the day
of the signing of this treaty; nor shall any action in law or equity be
maintained therein, except by the Confederate States or one of them,
when the cause of action shall have accrued before the same day of
the signing hereof.

Art. XXVII. If any citizen of the Confederate States or any other
person, not being permitted to do so by the authorities of said nation
or authorized by the terms of this treaty, shall attempt to settle upon
any lands of the Cherokee Nation, he shall forfeit the protection of
the Confederate States, and such punishment may be inflicted upon
him, not being cruel, unusual, or excessive, as may have been pre-
viously prescribed by law of the nation.

Art. XXVin. No citizen or inhabitant of the Confederate States
shall pasture stock on the lands of the Cherokee Nation, under the
penalty of $1 per head for all so pastured, to be collected by the author-
ities of the nation; but their citizens shall be at liberty at all times,
and whether for business or pleasure, peaceably to travel the
Cherokee countrj-, and to drive their stock to market or otherwise
through the same, and to halt such reasonable time on the way as
may be necessary to recrviit their stock, such delay being in good
faith for tliat purpose.

Art. XXIX. It is also further agreed that the members of the
Cherokee Nation shall have the same right of traveling, driving
stock, and halting to recruit the same in. any of the Confederate
States as is given citizens of the Confederate States by the preceding
article.

Art. XXX. If any person hired or employed by the agent or by
any other person whatever, within the agency reserve, or any post or
fort, shall violate the laws of the nation in such manner as to become
an unfit person to continue in the Cherokee country, he or she shall
be removed by the superintendent upon the application «f the Exec-
utive of the nation, the superintendent being satisfied of the truth
and sufBciency of the charges preferred.

Art. XXXI. Any person duly charged with a criminal offense
against the laws of either the Creek, Seminole, Choctaw, or Chickasaw
Nations, and escaping into the jurisdiction of the Cherokee Nation,
shall be promptly surrendered upon the demand of the proper author-
ity of the nation within whose jurisdiction the offense shall be alleged
to have been committed ; and in like manner any person duly charged
with a criminal offense against the laws of the Cherokee Nation, and
escaping into the jurisdiction of either of the said nations, shall be
promptly surrendered upon the demand of the proper authority of
the Cherokee Nation.

Art. XXXII. The Cherokee Nation shall promptly apprehend and
deliver up .all persons duly charged with any crime against the laws

678 CORRESPONDENCE, ETC.

of the Confederate States, or of any State thereof who may be found
within its limits, on demand of any proper officer of the State or of
the Confederate States; and in like manner any person duly charged
with a criminal offense against the laws of the Cherokee Nation, and
escaping into the jurisdiction of a State, shall be promptly surren-
dered, on demand of the Executive of the nation.

Art. XXXIII. Whenever any person who is a member of the Cher-
okee Nation shall be indicted for any offense in any court of the Con-
federate States, or of a State, he shall be entitled, as of common right,
to subpoena, and, if necessary, to compulsory process for all such wit-
nesses in his behalf as his counsel may think necessary for his
defense; and the cost of process for such witnesses and of service
thereof, and the fees and mileage of such witnesses shall be paid by
1 he Confederate States, being afterward made, if practicable, in case
of conviction, of the property of the accused. And whenever the
accused is not able to employ counsel the court shall assign him one
experienced counsel for his defense, who shall be paid by the Confed-
erate States a reasonable compensation for his services, to be fixed by
the court, and paid upon the certificate of the judge.

Art. XXXIV. The provisions of all such acts of the Congress of
the Confederate States as may now be in force, or as may hereafter be
enacted, for the purpose of can-ying into effect the provisions of the
Constitution in regard to the redelivery or return of fugitive slaves,
or fugitives from labor and service, shall extend to and be in full force
within the said Cherokee Nation ; and shall also apply to all cases of
escape of fugitive slaves from the said Cherokee Nation into any other
Indian nation, or into one of the Confederate States; the obligation
upon each such nation or State to redeliver such slaves being in every
case as complete as if they had escaped from another State and the
mode of procedure the same.

Art. XXXV. All persons who are members of the Cherokee Nation
shall hereafter be competent as witnesses in all cases, civil and crimi-
nal, in the courts of tlie Confederate States, unless rendered incompe-
tent from some other cause than their Indian blood or descent.

Art. XXXVI. The official acts of all judicial officers in the said
nation shall have the same effect and be entitled to the like faith and
credit everywhere as the like acts of judicial officers of the same grade
and jurisdiction in any of the Confederate States; and the proceed-
ings of the courts and tribunals of the said nation and copies of the
laws and judicial and other records of the said nation shall be authen-
ticated like similar proceedings of the courts of the Confederate States,
and the laws and office records of the same, and be entitled to like
faith and credit.

Art. XXXVII. It is hereby declared and agreed that the institution
of slavery in the said nation is legal and has existed from time imme-
morial; that slaves are taken and esteemed to be personal property;
that the title to slaves and other property having its origin in the said
nation shall be determined by the laws and customs thereof, and that
the slaves and other personal property of every person domiciled in
said nation shall pass and be distributed at his or her death in accord-
ance with the laws, usages, and customs of the said nation, which may
be proved like foreign laws, usages, and customs, and shall every-
where be held binding within the scope of their operations.

Art. XXXVIII. No ex post facto law, or law impairing the obliga-
tion of contracts, shall ever be enacted by the legislative authority of

CONFEDERATE AUTHORITIES. 679

the Cherokee Nation ; nor shall any citizen of the Confederate States,
or member of any other Indian [nation], or tribe, be disseized of his
property or deprived or restrained of his liberty, or fine, penalty, or
forfeiture be imposed on him in the said country, except by the law of
the land, nor without due process of law; nor shall any such citizen
be in any way deprived of any of the rights guaranteed to all citizens
by the Constitution of the Confederate States.

Art. XXXLX. It is further agreed that the Congress of the Con-
federate States shall establish and maintain post-offices at the most
important places in the Cherokee Nation, and cause the mails to be
regularly carried, at reasonable intervals, to and from the same, at the
same rates of postage and in the same manner as in the Confederate
States; and the postmasters shall be appointed from among the citi-
zens of the Cherokee Nation.

Art. XL. In consideration of the common interest of the Cherokee
Nation and the Confederate States, and of the protection and rights
guaranteed to the said nation by this treaty, the Cherokee Nation
hereby agrees that it will raise and furnish a regiment of ten com-
panies of mounted men, with two reserve companies, if allowed, to
ser^^e in the armies of the Confederate States for twelve months ; the
men shall be armed by the Confederate States, receive the same pay
and allowances as other mounted troops in the service, and not be
moved beyond the limits of the Indian country west of Arkansas with-
out their consent.

Art. XLI. The Cherokee Nation hereby agrees to raise and furnish,
at any future time, upon the requisition of the President, such num-
ber of troops for the defense of the Indian country, and of the frontier
of the Confederate States, as he may fix, not out of fair proportion to
the number of its population, to be employed for such terms of service
as the President may determine ; and such troops shall receive the
same pay and allowances as other troops of the same class in the
service of the Confederate States.

Art. XLII. It is further agreed by the said Confederate States, that
the said Cherokee Nation shall never be required or called upon to
pay, in land or otherwise, any part of the expenses of the present war,
or of any war waged by or against the Confederate States.

Art. XLIII. It is further agreed that after the restoration of peace
the Government of the Confederate States will defend the frontiers of
the Indian country, of which the Cherokee country is a part, and hold
the forts and posts therein, with native troops, recruited among the
several Indian nations included therein, under the command of offi-
cers of the Confederate States, in preference to other troops.

Art. XLIV. In order to enable the Cherokee Nation to claim its
rights and secure its interests without the inters'ention of counsel or
agents, it shall be entitled to a Delegate to the House of Representa-
tives of the Confederate States of America, who shall serve for the
term of two years, and be a native-born citizen of the Cherokee
Nation, over twenty-one years of age, and laboring under no legal
disability by the law of the said nation; and each Delegate shall be
entitled to the same rights and privileges as may be enjoyed by
Delegates from any Territories of the Confederate States to the said
House of Representatives. Each shall receive such pay and mileage
as shall be fixed by the Congress of the Confederate States. The first
election for Delegate shall be held at such time and places, and shall
be conducted in such manner as shall be prescribed by the principal

680 CORRESPONDENCE, ETC.

chief of the Cherokee Nation, to whom returns of such election shall
be made, and who shall declare the person having the greatest num-
ber of votes to be duly elected, and give him a certificate of election
accordingly, which shall entitle him to his seat. For all subsequent
elections, the time, places, and manner of holding them, and ascer-
taining and certifying the result, shall be prescribed by the Confed-
erate States.

Aet. XLV. It is hereby ascertained and agreed between the parties
to this treaty, that the United States of America, of which the Con-
federate States of America were heretofore a part, were, before the
separation, indebted, and still continue to be indebted, to the Cher-
okee Nation, and bound to the punctual payment to them of the

following sums annually on the first day of in each year, that

is to say: It was agreed by the tenth article of the treaty of the
twenty-ninth day of December, A. D. one thousand eight hundred
and tiiirty-flve, that the sum of $200,000 should be invested by the
the President of the United States, in some safe and most pi-oductive
public stocks of the countrj% for the benefit of the whole Cherokee
Nation, in addition to the annuities of the nation theretofore payable,
to constitute a permanent general fund, and that the net income of
the same should be paid over by the President annually to such per-
son or persons as should be authorized or appointed by the Cherokee
Nation to receive the same, whose receipt should be a full discharge
for the amount paid to them, the same interest to be applied annually
by the council of the nation to such purposes as they might deem best
for the general interests of their people; and it was agreed by the
eleventh article of the same treaty that the permanent annuity of
$10,000 of the Cherokee Nation should be commuted for the sum of
$214,000, and that the same should be invested by the President of the
United States as a part of the said general fund of the nation, which
thus became $414,000. And it was agreed by the tenth article of the
same treaty that the President of the United States should invest in
some safe and most productive jtublic stocks of the country the further
sum of $50,000, to constitute a permanent orphan's fund; and that he
should pay over the net income of the same annually to such person
or persons as should be authorized or appointed by the Cherokee
Nation to receive the same, whose receipt should be a full discharge
for the amount paid to them ; which net annual income should be
expended toward the support and education of such orphan children
of the Cherokees as might be destitute of the means of subsistence.
And it was agreed by the tenth article of the same treaty that the
further sum of §160,000 should be invested by the' President of the
United States in some safe and most productive public stocks of the
country for the benefit of the whole Cherokee Nation, which should
constitute, in addition to the existing school fund of the nation, a
permanent school fund, the net income whereof the President should
pay over annually to such person or persons as should be authorized
or appointed by the Cherokee Nation to receive the same, whose
receipt should be a full discharge for the amount paid to them;
and that the interest should be applied annually by the council of the
nation for the support of common schools and such a literary insti-
tution of a higher order as might be established in the Cherokee
country ; and it was estimated by the eleventh article of the same
treaty that the then existing school fund of the nation amounted to
about $50,000, which, it was thereby agreed, should constitute a part
of the permanent school fund aforesaid. And it is also further

CONFEDERATE AUTHORITIES. 681

agreed between the said parties to this treaty that the United States
of America, while the said Confederate States were States of the
said United States, did invest the whole of the said several principal
sums of money, except the sum of $5,000, in stocks of the States here-
inafter named, and of the United States, to the amount hereinafter
named in each, that is to say:

THE PERMANENT GENERAL FUND OF THE NATION.

In 7 per cent, stock of the State of Florida, $7,000;
In 6 per cent, stock of the State of Georgia, $1,600;
In 0 per cent, stock of the State of Kentucky, $94,000;
In 6 per cent, stock of the State of Louisiana, $7,000;
In 6 per cent, stock of the State of Maryland, $761.39;
In 6 per cent, stock of the State of Missouri, $50,000;
In 6 per cent, stock of the State of North Carolina, $20,000;
In 6 per cent, stock of the State of South Carolina, $117,000;
In 5 per cent, stock of the State of Tennessee, $125,000;
In 6 per cent, stock of the State of Tennessee, $5,000, and
In 6 per cent, stock of the State of Virginia, $90,000.
Making the whole capital so invested $517,261.39, the net annual
income whereof was and is $28,914.91.

THE PERMANENT ORPHAN FUND.

In 6 per cent, stock of the State of Virginia, $45,000.
The net annual income whereof was and is $2,700, leaving the sum
of 85,000 uninvested, and which still so remains.

THE PERMANENT SCHOOL, FUND.

In 7 per cent, stock of the State of Florida, $7,000;

In 6 per cent, stock of the State of Louisiana, $2,000;

In 6^ per cent, stock of the State of Missouri, $10,000;

In 6 per cent, stock of the State of Missouri, $5,000;

In 6 per cent, stock of the State of North Carolina, $21,000;

In 5 per cent, stock of the State of Pennsylvania, $4,000;

In 6 per cent, stock of the State of South Carolina, $1,000;

In G per cent, stock of the State of Tennessee, $7,000;

In the United States 6 per cent, loan of 1847, $5,800, and

In 6 per cent, stock of the State of Virginia, $135,000.

Making the whole capital so invested, of "the said permanent school
fund, $197,800, the net annual income whereof was and is $11,848.

All of which stocks the said United States now and do still con-
tinue to hold, or ought to have, in their hands.

And it is also hereby ascertained and agreed between the parties to
this treaty that there will be due to the Cherokee Nation on the first
day of January, A. D. one thousand eight hundred and sixty-two,
for and on -.ccount of the said annually accruing interest on the said
principal fvums, and of arrearages thereof, the sum of $65,644.36, as
follows, that is to saj' :

For the installments of interest on the permanent general fund, as
invested, for July, 1860, and January and July, 1861, $43,372.36;

For the installments of interest on the permanent orphan fund, as
invested and uninvested, for July, 1860, and January and July, 1861,
$4,500;

For the installments of interest on the permanent school fund, as
invested, for July, 1860, and January and July, 1861, $17,772.

682 CORRESPONDENCE, ETC.

And it not being desired by the Confederate States that the Chero-
kee Nation should continiie to receive these annual sums of interest
or the said arrearages from the Government of the United States, or
otherwise have any further connection with that Government; there-
fore the said Confederate States of America do hereby assume the
payment for the future of the annual interest on the said sura of
$5,000, part of the permanent orphan fund, which was never invested,
and on so much and such parts of said principal sums as, having
once been invested, may now be in the hands of the United States
uninvested; and also of the annual interest on so much and such
parts of the said several principal sums as may have been invested in
stocks of the United States or in the bonds or stocks of any of the
States other than the said Confederate States; and do agree and bind
themselves regularly and punctually hereafter, on the first day of July
in each and every year, to pay the same; and they do also agree and
bind themselves to pay to the treasurer of the Cherokee Nation,
immediately upon the complete ratification of this treaty, the said
sum of $65,644.36 for such interest and arrearages now due and which
will be due on the first day of January, A. D. one thousand eight hun-
dred and sixty-two, as are above stated.

And the said Confederate States of America do hereby assiime the
duty and obligation of collecting and paying over as trustees to the
said Cherokee Nation all sums of money not hereby agreed to be
assumed and paid by them, accruing whether from interest or capital
of the bonds of the several States of the Confederacy now held by
the Government of the United States as trustee for the Cherokee
Nation, and the said interest and capital, as collected, shall be paid
over to the said Cherokee Nation.

And the said Confederate States will request the several States of
the Confederacy whose bonds are so held to provide by legislation or
otherwise that the capital and interest of such bonds shall not be paid
to the Government of the United States, but to the Government of the
Confederate States in trust for the said Cherokee Nation.

And the said Confederate States of America do hereby guarantee to
the said Cherokee Nation the final settlement and full payment upon
and after the restoration of peace and recognition of their independ-
ence as of debts in good faith and conscience, as well as in law, due
and owing on good and valuable consideration, by the said Confederate
States and other of the United States jointly before the secession of
any of the States, of any and all parts of the said several principal
sums of money which may have remained uninvested in the hands of
the United States, or which may have been again -received by them
after investment and may now be held by them; and do also guarantee
to the said Cherokee Nation the final settlement and full payment, at
the same period, of the capital of any and all bonds or stocks of any
State not a member of the Confederacy and of any and all stocks of
the United States in which any of the Cherokee funds may have been
invested.

Art. XL VI. All the said annual payments of interest and the
arrearages shall be applied under the exclusive direction of the
legislative authority of the Cherokee Nation, to the support of their
Government, to the purposes of education, to the maintenance of
orphans, and to such other objects for the promotion and advance-
ment of the improvement, welfare, and happiness of the Cherokee
people and their descendants as shall to the Legislature seem good, the
same being in accordance with treaty stipulations and maintaining

CONFEDERATE AUTHORITIES. 683

unimpaired the good faith of the Cherokee Nation to those persons
and in regard to those objects for whom and which it has become
trustee. And the capital sums aforesaid shall be invested or rein-
vested with any other moneys hereby guaranteed, after the restoration
of peace, in stocks of the States of the Confederacy, at their market
price, and in such as bear the highest rate of interest, or shall be paid
over to the Clierokee Nation after reasonable notice, to be invested by
its aiithorities as its legislature may request. And no department or
officer of the Government of the Confederate States shall hereafter
have power to impose any conditions, limitations, or restrictions on
the payment to the said nation of any [of] said annual sums of
interest, or of any arrearages, or in any wise to control or direct the
mode in which such moneys when received bj'^ the authorities of the
nation shall be disposed of or expended.

Art. XL VII. Whereas, by the treaty of the twenty-ninth day of
December, A. D. one thousand eight hundred and thirty-five, the
United States of America in consideration of the sum of $500,000,
part of the sum of $5,000,000 agreed by that treaty to be paid to the
Cherokee Nation for the cession of all their lands and possessions
east of the Mississippi River, did covenant and agree to convey to the
Cherokees and their descendants by patent in fee simple the certain
tract of land between the State of Missouri and the Osage Reserva-
tion, the boundary line whereof it was provided should begin at the
southeast corner of the said Osage Reservation and run north along
the east line of the Osage lands fifty miles to the northeast comer
thereof; thence east to the west line of the State of Missouri; thence
with that line south fifty mUes, and thence west to the place of begin-
ning, which tract of eountiy was estimated to contain 800,000 acres
of land; and

Whereas, the same has been seized and settled upon by lawless
intruders from the Northern States, and may become totally lost to
the Cherokees:

Now, therefore, it is further hereby agreed between the parties to
this treaty that in case the said tract of country should be ultimately
lost to the Cherokees by the chances of war, or the terms of a treaty
of peace or otherwise, the Confederate States of America do assure
and guarantee to the Cherokee Nation the payment therefor of the
said sum of $500,000, with interest thereon at the rate of 5 per cent,
per annum from the said twenty-ninth day of December, A. D. one
thousand eight hundred and thirty-five, and will either procure the
payment of the same by the United States or pay the same out of
their own Treasury after the restoration of peace.

Art. XL VIII. At the request of the authorities of the Cherokee
Nation, and in consideration of the unanimity and promptness of
their people in responding to the call of the Confederate States for
troops, and of their want of means to engage in any works of public
utility and general benefit, or to maintain in successful operation
their male and female seminaries of learning, the Confederate States
do hereby agree to advance to the said Cherokee Nation immediately
after the ratification of this treaty on account of the said sum to be
paid for the said lands mentioned in the preceding article the sum of
$150,000, to be paid to the treasurer of the nation and appropriated
in such manner as the Legislature may direct; and to hold in their
hands as invested for the benefit of the said nation the further sum
of $50,000, and to pay to the treasurer of said nation interest thereon
annually on the 1st day of July in each year, at the rate of 6 per

684

cent, per annum, whicli shall be sacredly devoted to the support of
the said two seminaries of learning, and to no other purpose whatever.

Art. XLIX. It is further ascertained and agreed by and between
the Confederate States and the Cherokee Nation that the treaty of the
sixth day of August, A. D. one thousand eight hundred and forty-six,
was negotiated and concluded with the United States by three several
parties; that is to say, tlie Cherokee Nation by delegates appointed
by its constituted authorities, that portion of the nation known as
"the treaty party," being those who made and those who agreed to
the treaty of the year one thousand eight hundred and thirty-five,
and "the Western Cherokees " or " Old Settlers," being those who had
removed west prior to the date of that treaty and were then residing
there ; that the said three parties, by their delegates, after the mak-
ing of the said treaty of the year one thousand eight hundred and
forty-six borrowed from Corcoran & Riggs, bankers in the city of
Washington, the sum of $60,000 upon agreement indorsed by the Sec-
retary of War, by which the same was to be repaid with interest when
the moneys payable under said treaty should be appropriated, as fol-
lows, that is to say: $25,000 by the treaty party, $20,000 by the West-
ern Cherokees or Old Settler party, and $15,000 by the Cherokee Nation ;
that at the session of Congress next after the making of that treaty the
sum of $27,000 for the Cherokee Nation was appropriated under the
eighth article of the same, and the sum of $100,000 under the sixth
article for the treaty party; but no appropriation was made for the
Western Cherokees or Old Settler party under the fourth article
(whereunder only any moneys were payable to them), the amount
due them, and which was to be wholly paid per capita under that
article, not having as yet been ascertained ; that consequently the
sum borrowed as aforesaid, with the accrued interest, was repaid out
of the two appropriations aforesaid, one-half of the principal and
interest which should have been paid by the Western Cherokees or
Old Settler party being deducted from and paid out of the appropria-
tion made for each of the others; and there being thus paid out of
the moneys so appropriated under the eighth article for various pur-
poses for the whole nation over and above its proportion the sum of
Il0,300, and out of the moneys appropriated under the sixth article
for those of the treaty party who had sustained losses and damage in
consequence of the treaty of the year one thousand eight hundred
and thirty-five, over and above the proportion of that party, a like
sum of $10,300; that when afterward the amount ascertained to be
due to the Western Cherokees or Old Settlers, under the fourth
article, was appropriated, the whole amount was- paid to and dis-
tributed among them per capita, and no part of the sum so advanced
for them out of the other and previous appropriations was reserved,
nor has any part thereof whatever hitherto been reimbursed to those
entitled to receive the same by the Western Cherokees or by the
United States, or otherwise howsoever —

Therefore, it is further hereby agreed that the Confederate States
will pay, upon the ratification of this treaty, to the Cherokee Nation
the sum of $10,300; and will also appropriate and place in the hands
of the agent for' the Cherokees the further sum of $10,300, to be
distributed among the claimants of the treaty party, provided for by the
sixth article of the said treaty, or their legal representatives under
the laws of the nation, in such proportions as it shall be certified to
him by Stand Watie, the only surviving member of the committee

CONFEDERATE AUTHORITIES. 685

of five appointed under that article to audit such claims, that it
ought, in accordance with the allowances made by the committee, to
be distributed among them.

And it was agreed by the said eighth article of the said treaty of
the year one thousand eight hundred and forty-six that of the sum of
$27,000, provided thereby to be paid to the Cherokee Nation, the sum
of $5,000 should be equally divided among all those whose arms were
taken from them previous to their removal west, by order of an officer
of the United States, and of that sum of $5,000, $3,300 was applied to
the payment in part of the proportion of the money borrowed as
aforesaid, due by the Western Cherokees or Old Settler party; and
as the authorities of the nation declined to receive the residue of
said sum of $5,000, it being but $1,700, and that residue never was
paid by the United States, and still remains due by them —

Therefore, it is hereby further agreed that the Confederate States
will also pay, upon the ratification of this treaty, to the treasurer of
the Cherokee Nation, the further sum of $1,700, making, with the
said sura of $10,300, the sum of $12,000; and that out of the same
the sum of $5,000 shall, by the authorities of the nation, be distrib-
uted among those persons and their legal representatives whose arms
were taken from them as aforesaid; and that any part of that sum
finally remaining undistributed, together with the residue of $7,000,
shall be used and appropriated in such manner as the national coun-
cil shall direct.

Art. L. It is hereby further agreed that all claims and demands
against the Government of the United States in favor of the Cherokee
Nation or any part thereof, or of any individuals thereof, and which
have not been satisfied, released, or relinquished, arising or accruing
under former treaties, shall be investigated upon the restoration of
peace, and be paid by the Confederate States, which do hereby take
the place of the United States and assume their obligations in that
regard.

Art. LI. It is further agreed between the parties that all provisions
of the treaties of the Cherokee Nation with the United States, which
secure or guarantee to the Cherokee Nation or individuals thereof any
rights or privileges whatever, and the place whereof is not supplied by,
and which are not contrary to, the provisions of this treaty, and so far
as the same are not obsolete or unnecessary, or repealed, annulled,
changed, or modified by subsequent treaties or laws, or by this treaty,
are and shall be continued in force, as if made with the Confederate
States.

Art. LII. In further evidence of the desire of the, Confederate
States to advance the individual interests of the Cherokee people, it
is further agreed that the Delegate in Congress from the Cherokee
Nation may, with the approbation of the President, annually select
one youth, a native of the nation, who shall be appointed to be edu-
cated at any military school that may be established by the Confederate
States, upon the same tei-ms as other cadets may be appointed. And
the Confederate States also agree that the same privilege shall be
exercised by the Delegate from the Choctaw and Chickasaw Nations
and the Creek and Seminole Nations, respectively.

Art. LIII. A general amnesty of all past offenses against the laws
of the United States, and of the Confederate States, committed in the
Indian country before the signing of this treaty, by any member of
the Cherokee Nation, as such membership is defined by this treaty, is

686

hereby declared; and all such persons, if any, whether convicted or
not, imprisoned or at large, charged with any such offense, shall
receive from the President full and free pardon, and be discharged.

Art. LIV. A general amnesty is hereby declared in the Cherokee
Nation ; and all offenses and crimes committed by a member or mem-
bers of the Cherokee Nation against the nation, or against an indi-
vidual or individuals, are hereby pardoned, and this pardon and
amnesty shall extend as well to members of the nation now beyond
its limits as to those now resident therein.

Art. LV. This treaty shall take effect and be obligatory upon the
contracting parties from the seventh day of October, A. D. one thou-
sand eight hundred and sixty-one, whenever it shall be ratified by the
general council of the Cherokee Nation and by the Provisional Pres-
ident and Congress, or the President and Senate of the Confederate
States; and no amendment shall be made thereto by either, but it
shall be wholly ratified or wholly rejected.

In perpetual testimony whereof the said Albert Pike, as commis-
sioner with plenary powers, on the part of the Confederate States,
doth now hereunto set his hand and afi&x the seal of his anns, and
the said principal and assistant principal chiefs, executive councilors
and special commissioners, on the part of the Cherokee Nation, do
hereunto set their hands and afl&x their seals.

Thus done and interchanged in duplicate, at the place, in the year,
and on the day in the beginning hereof mentioned.

[seal.] albert- pike.

Commissioner of the Confederate States to the
1 Indian Nations West of Arkansas.

Jno. Ross, principal chief ; J. Vann, assistant chief; James
Brown, executive councilor; John Drew, executive
coimeilor; Will. P. Ross, executive councilor; Lewis
Ross, commissioner Cherokee Nation; Thomas Pegg,
commissioner Cherokee Nation; Richard Fields, com-
missioner Cherokee Nation.

Signed, sealed, and delivered in presence of us.

Wm. Quesenbury, secretary to the commissioner; E. Rector,
Superintendent Indian Affairs, Confederate States; W.
Warren Johnson, Geo. M. Murrell.

RATIFICATION.

Resolved (two-thirds of the Congress concurring), That the Congress
of the Confederate States of America do advise and consent to the
ratification of the articles of a treaty made by Albert Pike, commis-
sioner of Confederate States to the Indian nations west of Arkansas,
in behalf of the Confederate States, of the one part, and the Cherokee
Nation of Indians, by its principal and assistant principal chiefs,
executive councilors and commissioners, for that purpose only, author-
ized and empowered, of the other part, concluded at Tahlequah, in
the Cherokee Nation, on the seventh day of October, A. D. one thou-
sand eight hundred and sixty-one, with the following amendments :

I. Add at the end of Article XXXV the following words, " and the
Confederate States will request the several States of the Confederacy
to adopt and enact the provisions of this article in respect to suits
and proceedings in their respective courts."

CONFEDERATE AUTHORITIES. 687

II. Strike out from Article XLIV the following words, "the same
rights and privileges as may be enjoyed by Delegates from any Ter-
ritories of the Confederate States to the said House of Representa-
tives," and insert in lieu thereof the following words, " a seat in the
hall of the House of Representatives, to propose and introduce meas-
ures for the benefit of the said nation, and to be heard in regard
thereto, and on other questions in which the nation is particularly
interested, with such other rights and privileges as may be determined
by the House of Representatives."

III. Strike out from Article XXXIII the following words, "or of a
State," and insert in lieu thereof the following words, "or of a State,
subject to the laws of the State."

Note. — The foregoing amendments were subsequently concurred in and adopted
by the Cherokee Nation.

Headquarters Army op the Potomac,

Fairfax, October 7, 1861.

His Excellency President Davis,

Richmond, Va.:
Mr. President: I beg leave to call your attention to a large field
for operation for the system of signaling on which I have been
engaged. It is in our harbors along the whole threatened coast, in
putting our forts, cities, and lookouts in communication with each
other, what we are now unable to do for want of insulated wire. I
have instructed in the system my two brothers, Maj. W. F. Alexan-
der and Private James H. Alexander, Ninth Georgia Volunteers, the
latter of whom is now one of my assistants. Besides these, I have
here about ten well-instructed privates and one lieutenant (Barker,
of the First Virginia Volunteers), and I could send several of the
former (three or four) to any places you might wish. It would, of
course, be much better to send commissioned officers, and in this con-
nection I maj' say that Major Alexander, I am sure, would like this
service. I have applied for a commission for Pi-ivate Alexander to
associate him more fully with me and to be able to send him on some
detached service with the Maryland shore. Several other privates in
my employ are in every way suitable for commissions should you ever
desire such ofScers. The Mr. Bryan of whom I spoke to you has
returned safely and is about going back for another plan of commu-
nication, which we are perfecting with the aid of a most promising
female accomplice. I will inform you of the plan when arranged.
I am, sir, very respectfully, your obedient servant,

E. P. ALEXANDER,
Captain of Engineers.

[Indorsement.]

Secretary of War:

The sj'stem of signals referred to within is valuable in many posi-
tions and contingencies. It would be well to have ofacers or persons
instructed and attached to the various divisions of the Army. On
the Mississippi River it will enable troops on the opposite banks to
communicate. At Pensacola it miglit be of vital importance. Staff
ofacers, particularly those of the Adjutant-General's corps, should be
instructed in this method of transmitting intelligence.

JEFF'N DAVIS.

688 CORRESPONDENCE, ETC.

[October 8, 1861. — ^For Benjamin to Clark, in relation to a call for
militia from certain counties of North Carolina, for local defense, see
Series I, Vol. LI, Part II, p. 337. In same connection, see also Ben-
jamin to Clark, September 23, 18C1, and Clark to Benjamin, October
3, 1801, Series I, Vol. IV, pp. 655, 667.]

[October 8, 1861. — For Magriider to Letcher, in relation to calling
out the militia in certain counties of Virginia, see Series I, Vol. IV,
p. 675.]

Quartermaster-General's Department,

Richmond, Va., October 10, 1861.
Hon. J. P. Benjamin,

Acting Secretary of War:
Sir: I hoped until lately that materials for clothing the troops
could be procured within the Confederate States, augmented by
those ordered and expected from Europe ; but so great has been the
demand upon this department for the last month, it is obviously
important that we should make arrangements for getting supplies
from Europe through an agent belonging to the C. S. Army, espe-
cially if the war is to continue for any length of time. Within the
last month several propositions upon this subject have been made to
me, but all have involved speculative prices, predicated upon the
risk and advances in money necessary for the purchase of the sup-
plies. In the last forty days the prices of materials for clothing have
advanced about 100 per cent. If the Government relies upon private
enterprise the rates which will be charged by the successful importer
will be based upon the market value here, as is verified by the prices
charged by the consignees of the Bermuda. It is not expected that
any responsible party would undertake the risk, unless in the hope
of realizing such profits. I am of the opinion that it will be decidedly
advantageous to the Government to send an agent to Europe on
whose competency and integrity we can rely, with authority to pur-
chase materials. I believe this would reduce the expenses of cloth-
ing the troops very materially. I suggest in furtherance of this view
that bills may be drawn in this country, payable to the orders of Mr.
Mason, in London, or Mr. Slidell, in Paris, who might pay the drafts
of our agent when satisfied that the goods were purchased and in his
possession, or the agent might contract with manufacturers or large
holders for the delivery of the goods in this country at their risk,
with the privilege of receiving and shipping cotton to the amount of
purchases from them. If the Department approves these views I
could detail for the duty Maj. J. B. Ferguson, an officer of the Quar-
termaster's Department, who will discharge his duty with fidelity.
Very respectfully, your obedient servant,

A. C. MYERS,
A ctii ig Quartermaster- General,

[October 12, 1861. — For Jackson to Davis, in relation to a treaty,
offensive and defensive, between the Confederate States and Missouri
see Series I, Vol. Ill, p. 717.]

confederate authorities. 689

Confederate States of America, Treasury Deft.,

Richmond, October 15, 1861.
The Commissioners Appointed to Receive Subscription to the
Produce Loan:

Gentlemen: Inquiries have been made from various quarters —
first, Avhether during the continuance of the blockade effort should
be made to procure further subscriptions; second, whether the Gov-
ernment will authorize promises to be held out of aid to planters
as an inducement to such further subscriptions. The first inquiry
seems to imply a misunderstanding of the scheme of the subscrip-
tions. Many persons have supposed that the Government was to
have some control of the produce itself; others, that the time of sale
appointed by the subscription was to be absolute and unconditional.
The caption at the head of the lists when examined will correct both
these errors. The subscription is confined to the proceeds of sales,
and contains an order on the commission merchant or factor of
the planter to pay over to the Treasurer the amount subscribed
in exchange for Confederate bonds. The transaction is simply an
agreement by the planter to lend the Government so much money,
and in order to complete the transaction a time and place are
appointed when and where the parties may meet to carry it out.
The important point is that it shall certainly be completed at some
time, and that is secured by the engagement of the planter. Whether
that time be December or June is simply a question of convenience,
and works no injury to either party. The Government is sure of the
eventual payment, and derives from that certainty so much credit;
and it loses nothing because it gives its bond only when the money is
paid. It is obvious, therefoi-e, that the subscriptions are quite as
valuable to the Government during the blockade as after it. The
blockade simply suspends the completion of the engagement. It
becomes the interest of both parties to wait for a good price, and the
Government will readily consent to a postponement of the sale. You
perceive, therefore, that it is desirable to continue your exertions to
increase the subscriptions, and j'ou are authorized to say that the
Government will consent to a reasonable extension of the time
appointed for sales. Second. The next inquiry is as to a promise of
material aid from the Government to the planters. In answering
this inquiry I am to speak in advance of any action of Congress.
■ What that body may see fit to do it is not for me to determine. I
can express merely the views of this Department, and these must
govern j'our action until reversed by a higher authority.. It would
be a sufficient answer to the inquiry to say that the action of the Gov-
ernment is settled by the Constitution. No power is granted to any
department to lend money for the relief of any interest. Even the
power of Congress in relation to money is confined to borrowing, and
no clause can be found which would sanction so stupendous a scheme
as purchasing the entire crops with a view to aid its owners. But
it may be said that the Constitution of the Provisional Government
may be altered by Congress, and that it is the duty of this Depart-
ment to prepare the way for each alteration if, in its judgment, the
financial necessities of the country demand the change. I am not
disposed, then, to close the inquiry with the abrupt answer thus
made b}^ the Constitution, and will proceed to consider the subject
upon its intrinsic merits. Two plans of relief have been proposed.

44 R R — SERIES IV, VOL I

690 CORRESPONDENCE, ETC.

The one is that the Government should purchase the entire crops of
the country; the other that an advance should be made of part of its
value. In either case the payment is to be made by the issue of
Treasury notes, and, therefore, if we put aside for the present the
many and serious objections to the possession, transportation, and
management of the crop by the Government, it becomes simply a
question of amount. To purchase the whole crop would require its
whole value less the amount of the subscriptions made to the Gov-
ernment. If we estimate the whole crop of cotton at $200,000,000
and the subscriptions at $50,000,000, the purchase Avould then require
8150,000,000 of Treasury notes; and if to this sum be added the
amount of values for other agricultural products, which would cer-
tainly claim the same benefit, the sum required would probably
reach $176,000,000. The amount called for by the other plan of
making an advance, would depend upon the proportion of that
advance. Few of the advocates of this plan have put it lower than
5 cents per pound on cotton, and at the same rate on other produce.
It may, therefore, be very fairly set down at about 1100,000,000.

If we consider first the least objectionable of these plans, it is cer-
tainly that which requires the smallest sum, and if this be found
impracticable, the larger must necessarily be rejected. Our inquiry,
then, may be narrowed down to a proposal that the Government should
issue 8100,000,000 of Treasury notes, to be distributed among the
planting community, upon the pledge of the forthcoming crop. The
first remarkable feature in this scheme is that it proposes that a new
government, yet struggling for existence, should reject all the lessons
of experience and undertake that which no government, however long
established, has yet succeeded in effecting. The "organization of
labor" has called forth many ingenious attempts, both speculative and
practical, among well-established governments, but always with dis-
astrous failure. With us, however, the experiment is proposed to a
new government, which is engaged in a gigantic war, and which must
rely on credit to furnish means necessary to carry on that war. Our
enemies are in possession of the munitions and workshops which have
been collected during forty-five yearsof peace; their fleets have been
built up at our joint expense. With all these on hand, they yet are
obliged to expend nearly $10,000,000 per week to carry on the war.
Can we expect to contend with them at less than half that expenditure?
Supposing that it may requii'e $200,000,000, then the proposal is that
at a time when we are called upon to raise this large sum for the sup-
port of the Government we shall raise a further sum of $100,000,000
for the benefit of the planting interest. For it must be observed, first,
that the Government receives no benefit whatever from this advance.
The money is paid to each individual planter, and in exchange the
Government receives only his bond or note ; if the cotton be purchased,
the Government receives only certain bales of cotton. That is to say,
the Government pays out money, which is needful to its existence,
and receives in exchange planters' notes or produce, which it does not
need and cannot in any way make use of.

It must be observed, in the next place, that Treasury notes have not
become the currency of the country. They are, therefore, at present
the measure of value. In this view it is the dutj^ of the Government
to limit their issue, as far as practicable, to that amount which is the
limit of its currency. Every i)erson acquainted with this branch of
political science is aware that if the currency passes this point it not

CONFEDEEATE AUTHORITIES. 691

ouly becomes depreciated, but it disturbs the just relations of society
precisely as though, an arbitrary authority should change the weights
and measures of the country. If the currency of a country should be
suddenly extended from $100,000,000 to $200,000,000, that whi^-h was
measured by $1 is now measured by $2, and every article must be
rated at twice its former price. Of course all contracts must be dis-
turbed. The debt incurred before the increase is discharged by pay-
ing one-half its former value, and each article purchased must be
paid for at double its former price. The Government, from the neces-
sities of war, is the largest purchaser, and thus, by a kind of suicidal
act, compels itself to pay $2 for what $1 would have formerly pur-
chased. And at this rate of advance $200,000,000 can effect no more
than $100,000,000 would have effected before; or, in other words,
$100,000,000 are actually sunk in the operation. Such a condition of
the currency the Government has anxiously endeavored to guard
against. The war tax was laid for the purpose of creating a demand
for Treasury notes and a security for their redemption. The redun-
dance has been carefully guarded against by allowing them to be
funded in 8 per cent, bonds. If necessity shall compel the Government
to issue for the defense of the country, and to keep out $200,000,000,
it is plain that even accession must impair, and may defeat, all these
precautions. If the Government should undertake, for the sake of
private interests, an increase of issues, it may hazard its entire credit
and stability. The experiment is too dangerous, and relief for the
planters must be sought in some other direction. And may not the
remedy be found ? In the first place, let the planters immediately
take measures for winter crops, to relieve the demand for grain and
provisions. Let them proceed to divert part of their labor from cotton,
and make their own clothing and supplies. Then let them apply to
the great resource presented by the money capital in banks and pri-
vate hands. Let this capital come forward and assist the agricultural
interest. Heretofore the banks have employed a large part of their
capital in the purchase of Northern exchange. Let them apply this
portion to factors' acceptances of planters — drafts secured by the
pledge of produce in the planters' hands. An extension of the time
usually allowed on these drafts would overcome most of the difficul-
ties. The extension could safely reach the probable time of sale of
the crops, inasmuch as the suspense of specie payments throughout
= the entire Confederacy relieves each bank from calls for coin. The
banks are accustomed to manage loans of this character, and will
conduct the operation with such skill as will make them mutually
advantageous. The amount of advance asked from the banks would
be greatly less than if advances were offered by the Government,
and all the abuses incident to Government agencies would be avoided.
It seems to me, therefore, that it is neither necessary nor expedient
that the Government should embark upon this dangerous experiment.
It is far better that each class of the community should endeavor
to secure its own existence by its own exertions, and if an effort be
at once made by so intelligent a class as the planters it will result in
relief. Delay in these efforts, occasioned by vague expectations of
relief from the Government, which cannot be realized, may defeat
that which is yet practicable.

Respectfully, your obedient servant,

C. G. MEMMINGER,

Secretary of the Treasury.

692 COEEESPONDENCE, ETC.

Confederate States of America, War Department,

Bichmond, October 15, 1861.
Capt. Caleb Huse and
Maj. Edward C. Anderson,

Liverpool :
Gentlemen : This letter will be handed to you by Col. John L. Pey-
ton, who goes to Europe as the agent of the State of North Carolina
for the purchase of arms and munitions of war for that State. You
are requested to extend to Colonel Peyton any aid in your power
toward the accomplishment of his mission, and to furnish him, if pos-
sible, conveyance for the articles purchased by him on board the same
vessels as may be employed to bring over the articles purchased for
this Government. You will, of course, however, if there be not room
for both, give the preference to our own purchases.
Your obedient servant,

J. P. BENJAMIN,
Acting Secretary of War.

[October 15, 1861. — For Harris to Davis, in relation to the requi-
sition of A. S. Johnston for 30,000 men, &c., see Series I, Vol. IV,
p. 449.]

Headquarters South Carolina,

October 16, 1861.
Capt. J. L. Black:

Sir: I am instructed by His Excellency Governor Pickens to say to
you that if the Secretary of War will make a requisition upon him in
writing for five additional cavalry companies, to be mustered into the
Confederate service "for the war," he will at once give his consent
and make proclamation for the same, so that all captains of com-
panies desiring to enter the service may be put on an equal footing in
the matter.

Respectfully and truly, yours,

F. J. MOSES, Jr.,

Private Secretary.

[October 16, 1861. — For order of Governor Harris, directing trans-
fer of certain Tennessee troops to the Confederate service, see Series
I, Vol. LII, Part II, p. 176.]

[October 16, 1861.— For Benjamin to A. S. Johnston, in relation to
proclamation of latter calling for troops from Mississippi and other
States, Sua., see Series I, Vol. IV, p. 452.]

Surgeon-General's Office,

October 18, 1861.
Hon. J. P. Benjamin,

Secretary of War:
Sir : I ask to present the following report : Instructions were issued
from this oifiee some time since to the different Army medical direct-
ors to carry out to their fullest extent the regulations of the depart-

CONFEDERATE AUTHOEITIES. 693

ment respecting their duties, more especially those relating to the
police of camps, and to insist that proper hygienic regulations be
rigidly enforced. It is believed that the suggestions of the medical
directors have not been acted on in very many instances, or, if they
have, the effort was of a spasmodic character, and soon ceased, and
thus much opprobrium cast on the Medical Department which it does
not deserve. This neglect of duty is not with the department, but rests
with those officers of the regiments who have failed to carry out and
adopt the proper measures and suggestions to insure the health of the
troops. The Adjutant-General was requested September 1, from this
office, to issue to the generals in the field an order to enforce rigid
rules of police in their camps, in the hope of diminishing the sickness
then so prevalent; and it is now respectfully suggested to the War
Department that orders be published to the different commanding
generals that cleanliness of the men should be attended to. Daily
ablutions should never be omitted, especially of face, neck, chest, and
arms. Bathing should be used whenever the opportunity permits.

Much attention should be paid to the food of the soldier, and to
effect this desirable end each company should have a proper mess, and
the men of the company not permitted to form messes of from four to
six men, as by the latter process the food is not well cooked, which is
of essential importance. It is the duty of the surgeon of a regiment
to insist that these hygienic rules be enforced, and captains of com-
panies should attend to the comforts of the men. It was suggested
to the late Secretary of War that biscuit or hard bread should form
the common article of diet in camp life, as it is easily preserved, and
that, if possible, fresh bread should be furnished the troops. When
straw or hay is used for bedding it should be renewed as frequently
as possible. The straw should be well beaten and thoroughly aired
every day. Great cleanliness should be maintained in and around
the tents, and these should be struck every three or four days for the
purpose of purification. This will go far to preserve the health and
efficiency of the command. All garbage should be daily removed, and
sinks established and the men of the command be compelled to use
them. A camp, whenever possible, should be removed to a new situ-
ation, and at a convenient distance, so as to obviate the poisonous
emanations produced by the prolonged sojourn of a large number of
men and animals. To insure the carrying out of these instructions
:the inspecting generals of armies should make frequent and rigid
inspections, and all delinquents be promptly reported to the Adjutant-
General.

The attention of the War Department is likewise called ta the send-
ing from Manassas of 400, 500, and 600 sick men by one train of cars.
Under such circumstances it is impossible to give the proper care and
attention to so large a number of invalids. The number of sick men
should not exceed 100 at a time, except in extraordinary eases. In
some instances, instead of sending the given number of sick men, as
the medical officer who was to receive them was induced to believe
would be sent him, the number was largely increased, which necessa-
rily produced much annoyance and distress both to the medical attend-
ant and his patients. The medical director at Manassas, having been
directed to prevent, if possible, the occurrence of this evil, reports
that by means of a guard this will in future not occur.

In conclusion, I would state that while there has perhaps been much
sickness which could have been avoided, yet the experience of all
military life shows that new troops, whether regulars or volunteers,

694 CORRESPONDENCE, ETC.

are sick in vast numbers during the early period of their service.
This predisposition to sickness in the entirely new circumstances of
life, exposure, &c. , together with the epidemic of measles (a disease
which our men, in consequence of the sparse population of the South,
had not previously contracted), should have prepared us to expect a
large amount of unavoidable sickness in our armies.
I am, very respectfully, your obedient servant,

S. P. MOORE.

[October 18, 1861. — For Milton to Davis, in relation to organiza-
tion of troops and other military affairs in Florida, see Series I, Vol.
VI, p. 290.]

Executive Department,
MiUedgeville, Qa., October 19, 1861.
Hon. J. P. Benjamin,

Acting Secretary of War, Richmond, Va.:
Sir: Expecting that Georgia will, as far as may be in her power,
endeavor to clothe her troops who are in the Confederate service, in
conformity with the act of Congress (No. 256 of the third session,
Provisional Congress, held at Richmond, p. 50),* I address you this
note, respectfully asking your construction of said act on certain
points. First. Where a State shall clothe her own troops, will the
clothing be required in uniforms or will any substantial woolen cloth-
ing do? As you are aware, it is now difficult to supply clothing in
uniforms. Second. How is the money value of the clothing to be
ascertained and agreed upon, and what evidence will be required of
its delivery by the State? Third. WiU it be paid for to the State
furnishing it on delivery to the commanding officer of a company or
regiment, or must the clothing be delivered to each member of such
company or regiment ? Should the latter be required, it will be diffi-
cult, if not impracticable, to effect the delivery, as some members of
a given company might be away from the main body on picket or
other special duty. Your response to these inquiries will oblige me
much.

I have the honor to be, very respectfully, j'our obedient servant,

JOSEPH E. BROWN.

Regulations concerning substitutes in' the Army.

War Department,
Richmond, October 20, 1861.

1. AVhen any non-commissioned officer or soldier of the volunteer
service desires to procure a substitute he shall first obtain the writ-
ten consent of the captain of his company and of the commander of
his regiment or corps, a duplicate of which he shall forward to the
substitute.

2. The substitute shall then obtain from some surgeon and some
commissioned officer in the service of the C. S. Army certificates of
his fitness for service and of his having been mustered into the serv-
ice of the Confederate States for the war, no matter what the term of

*Act approved August 30, 1861. See p. 584.

CONFEDERATE AUTHORITIES. 695

service of his principal may be, and these several certificates shall
serve as a passport to the holder to join the regiment or corps to
which his pi-incipal belongs, he paying the expenses of his own trans-
portation.

3. When a non-commissioned officer or soldier is entitled to dis-
charge by reason of a substitute, the captain of his company and the
commander of his regiment or corps shall give him a certificate to
that effect, stating that the substitute furnished according to regu-
lations is actuall}' on duty with the regiment or corps; that the liolder
of the certificate is in nowise indebted to the Confederate States, and
that he is not entitled to transportation at the expense of the Gov-
ernment; and this certificate shall serve the holder as a passport to
leave the camp and travel to his home.

4. If it should be found that a non-commissioned officer or soldier
discharged by reason of a substitute is indebted to the Government,
the commander of the regiment or corps giving the discharge will be
held accountable for the same, and any back pay due said non-commis-
sioned officer or soldier shall be drawn and receipted for by his sub-
stitute at the next pay day.

5. Commanders of regiments or corps shall under no circumstances
permit substitutes in their commands to exceed one per month in
each company, and all such cases shall be noted in the following
morning report of the regiment or corps in which they occur and in
the next muster-roll and monthly return.

J. P. BENJAMIN,
Acting Secretary of War.

General Jackson's Brigade,

Centerville, October 21, 1861.
Secretary op War:

Sir: Having heard some time since of the arrest by the enemy of an
individual on whose person were found plans for the destruction of
the enemy's ships of war, I thought that it might be possible to
replace by others these plans, and although I can scarcely hope to
have invented an apparatus that possesses equal merits with that
gentleman's, still I have so far succeeded in my own mind as to
induce me to write to you on the subject. I have invented an instru-
ment of war which for a better name I have called a submarine gun-
boat. In many of its details I have not hesitated to adopt the plans
of others, believing it far better to use machinery that has been found
to be useful than to try to make a perfectly novel boat. I have thus
greatly reduced the chances of a failure. As I have endeavored to
avoid all chimerical plans, no one can consistently call me a visionary.
In fact, my gun-boat can hardly be called the work of an inventor but
ratlier that of a mechanic, so little is there in it that has not been
used before in some form or other. My plan is simple. A vessel is
built of boiler iron of about fifty tons burden, similar to Winans'
cigar steamer, but made of an oval form with the propeller behind.
This is for the purpose of having as little draft of water as possible
for the purpose of passing over sand-bars without being observed byj
the enemy. The engines are of the latest and best style so as to use;
as little steam as possible in proportion to the power received. The
boilers are so constructed as to generate steam without a supply of
air. The air for respiration is kept in a fit condition for breathing by

696 CORRESPONDENCE, ETC.

the gradual addition of oxygen, while the carbonic acid is absorbed
by a shower of lime water. This I conceive is far better than taking
down a large supply of compressed air as is done in some cases,
requiring larger vessels in proportion to the men and of course addi-
tional machinery. I propose to tow out my gun-boat to sea and when
within range of the enemy's guns it sinks below the water's surface so
as to leave no trace on the surface of its approach, a self-acting appa-
ratus keeping it at any depth required. When within a few rods of
the enemy it leaps to surface and the two vessels come in contact
before the enemy can fire a gun. Placed in the bow of the gun-boat
is a small mortar containing a self -exploding shell. As it strikes the
enemy the shell explodes and blows in the ship's sides; then the
engines are reversed, the gun-boat sinks below the surface and goes
noiselessly on its way toward another ship. After a few ships are
sunk the enemy can scarcely have the temerity to remain in our
waters. I need not enumerate to you the advantages of such a
weapon when England is looking elsewhere for cotton. I have
■written you on this subject in order to obtain an opportunity to draft
out my invention, which with the means at command in Richmond
can be done in a week at most. Before having it inspected by a
committee of practical men a favorable answer to this will insure me
a leave of absence, when I will at once report at Richmond and perfect
my invention, either alone or in conjunction with a person you may
select. As for making the drawings in the army with accuracy it is
almost impossible, since neither the paper, instruments, nor necessary
tables can be procured.
Yours, &c.,

CHARLES P. LEAVITT,
Company K, Second Virginia Regiment.

[Indorsement.]

October 26, 1861.
I recommend that this man be granted furlough to come on here,
and in this office or that of the Chief Engineer's draw out his plans.*

J. GORGAS,
Lieutenant- Colonel and Chief of Ordnance,

Special Orders, ) Adjt. and Insp. General's Office,

No. 186. S Richmond, October 22, 1861.

^ ^ ^ ^ ^ 4(i ^

V. Leaves of absence to members of the Legislatures of the different
States to cover the legislative sessions will be granted, upon applica-
tion, by the respective commanders of the forces to which they belong.

^ 4t He ^ ^ :]« 4:

By command of the Secretary of War:

JNO. WITHERS,

Assistant Adjutant- General.

*He was discharged the military service by paragraph X, Special Orders, No.
350, Adjutant and Inspector General's Office, December 3, 1861, "his labor being
required for other important Government work."

confederate authorities. 697

Confederate States of America, "War Department,

Richmond, October 25, 1861.
Govei-nor Joseph E. Brown,

MilledgeviUe, Ga.:
Sir: I have the honor to acknowledge receipt of Your Excellency's
letter of October 19, and to reply: First. It is not required that cloth-
ing furnished by States shall be uniform in order to be accepted.
Second. Commutation is allowed for clothing furnished at the rate of
825 for six months, payable to the captains of companies (or com-
manding oiBcers) upon vouchers rendered to the Quartermaster-Gen-
eral's Department that their men are furnished with clothing accord-
ing to regulation for the time specified. I Inclose to Your Excellency
a copy of the regulation in i*egard to the clothing of volunteers, and
also a copy of a circular letter recently printed, in the fourteenth sec-
tion of which the subject of commutation of clothing is embraced.
I have the honor to be, sir, your obedient servant,

J. P. BENJAMIN,
Acting Secretary of War.

[October 25, 1861. — For Benjamin to A. S. Johnston, in relation to
organization of troops and other military matters, see Series I, Vol. IV,
p. 473.]

Executive Department,
Montgomery, Ala., October 28, 1861.
Gentlemen of the Senate and House of Representatives:

The constitution provides that "on extraordinary occasions the
Governor may convene the General Assembly at the seat of govern-
ment." Under this authority my proclamation calling an extraordi-
nary session of the Legislature was issued. It is proper that you
should be advised as to the reasons which induced this action on the
part of the Executive. The twenty-eighth section of article 3 of the
amended constitution provides that "the General Assembly shall meet
annually on such day as may be provided by law, and may continue
in session not more than thirty days." It was apparent that the legis-
lation made necessary by the present condition of the State and of the
Confederacy could not be perfected within thirty days, and that a
called session would be necessary, either in advance of or at the close
of the regular session. It was deemed expedient that the Legislature
should be convened at this time for reasons which will hereafter
appear. Congress at its last session passed an act entitled "An act
to authorize the issuance of Treasury notes, and to provide a war tax
for their redemption." The fourth section of this act declares that
"a war tax shall be assessed, and levied, of 50 cents upon each $100
in value " of the various subjects of taxation therein enumerated. The
fifth section requires that a chief collector shall be appointed for each
State, whose duty it shall be to divide the State into convenient dis-
tricts and appoint collectors therefor. These collectors are required
to make the assessment by the 1st of November next. The twenty-
fourth section is in the following words:

Sec. 24. If any State shall, on or before the 1st day of April next, pay, in the
Treasury notes of the Confederate States or in specie, the taxes assessed against

698 CORRESPONDENCE, ETC.

the citizens of such State, less 10 per cent, thereon, it shall be the duty of the Sec-
retary of the Treasury to notify the same to the several tax collectors in such
State, and thereupon their authority and duty under this act shall cease.

Should the State determine to paj"^ the amount of taxes that may be
assessed, as provided in the act of Congress, by the 1st day of April
next, the ways and means of doing so should be determined on at as
early a day as practicable. This proposition made to the States by the
Confederate Government presents for your consideration a very grave
question, and one which is by no means free from difflculties. The deduc-
tion of 10 per cent, from the gross amount of taxes assessed is a strong
inducement for the State to avail herself of the benefit of the act. In
addition to this, our people would be relieved from the calls of the
Confederate tax collector, which is no ordinary consideration. This
proposition on the part of the Confederate States is not an invasion
of the rights of the States, as some have supposed, but is rather a
concession to the States, as it permits them to do that which they
have no right to do without the consent of the Confederate Govern-
ment. The argument on the other side of this question, both as to
principal and policy, presents very serious difBculties. The rights
and powers of the States and of the Confederate Government are
plainly and distinctly marked out, and it is always safest and best
for each Government to exercise those powers and perform those
duties which legitimately belong to it even though there be no con-
stitutional difficulty in the way. The State should never concede to
the General Government the exercise of powers not delegated in the
Constitution, and they should never, except in cases of absolute neces-
sity, consent to exercise powers or to perform duties which do not
properly belong to them. As a general rule it is dangerous in its
tendencies, and precedents of this character are to be avoided. The
collection of this tax by the State would be an onerous and unpleas-
ant duty, as it imposes upon the State the necessity of enforcing the
laws of the Confederate Government against her own citizens, pro-
vided it should become necessary to do so. Again, if the State deter-
mines to pay the tax to be levied by this act, by the collection of the
money from the tax-payers, it will be onerous and oppressive, as
the State and Confederate tax must both be collected at the same
time, and will amoimt, according to the best estimate I can make, to
about $2,300,000 in the aggregate, about three times the amount
of the present State tax. After the most thorough investigation of
this question I conclude that the State ought not to pay this tax if to
do so it be necessary to collect the amount from the people by the 1st
of April next. But if the General Assembly in its wisdom can devise
a plan by which it can be paid without collecting it from the people
in the present condition of the country, I recommend that it be done.
There is no financial measure that would extend greater relief to our
people. It may be that this important object can be effected by sus-
pending for the present the appropriations for educational purposes
and all others not indispensable for maintaining the State govern-
ment by the aid of the banks, the sale of State bonds, and the issue
to some extent of Treasury notes. With these suggestions I submit
the question for your consideration.

BANKS.

Under the provisions of an act approved February 2, 1861, entitled
"An act to legalize the suspension of specie payments by certain

CONFEDERATE AUTHORITIES. 699

banks of Alabama," these banks have paid into the State treasury
the several amounts required by said act upon the terms and condi-
tions therein specified, viz:

The Central Bank of Alabama $191,500

The Commercial Bank of Ala oama 106,400

The Eastern Bank of Alabama 63, 850

Making a total of 361,750

On the 12th day of September last the Bank of Mobile, the South-
ern Bank of Alabama, and the Northern Bank of Alabama, at my
suggestion and request, suspended specie payments, which subjected
them to the provisions of the seventh section of the act referred to.
They promptly complied with said provisions, so far as required,
and placed to the credit of the treasurer of the State the following
amounts:

The Bank of Mobile $319,150

The Southern Bank of Alabama 113, 800

The Northern Bank of Alabama _ 81, 400

Making a total of 413, 350

These banks in February last purchased bonds of the State, and
paid therefor in specie funds the following amounts :

The Bank of Mobile $100,433.34

The SoTithem Bank of Alabama _ 100,433.34

The Northern Bank of Alabama 25,000.00

As these banks have with great promptness responded to my request
to purchase the bonds of the State, I deemed it but just to them to
deduct the amount of bonds purchased by them from the amount the
suspension act required them to pay into the treasury. I therefore
recommend that the amount so taken by each of these banks be con-
sidered as so much paid under the suspension act, and that they be
required to exchange the bonds purchased by them, and upon which
the interest is payable semi-annually, for the bonds provided for in
said act, upon which the interest is payable annually. I also recom-
mend that interest be allowed to all the banks from the date of the
payments by them, respectively, of the amounts required by the act
legalizing their suspension, and that the time for the resumption of
specie payments by them be extended. It is manifest that the assist-
ance of the banks is indispensable in furnishing means to aid the
State and the Confederacy in the great contest in which they are now
engaged, and it is equally clear that they cannot continue to extend
that aid if compelled to resume specie payments, as required by law.
These banks having suspended for the purpose of furnishing pecu-
niary aid to the State, and at the request of the Executive, and as the
State must rely upon them for further assistance, it is proper, in my
opinion, that they be allowed interest on their money, to be paid when
they resume specie payments.

STATE BONDS.

The amount of State bonds disposed of by the State under acts of
the last Legislature is $975,066.68. Of this amount the banks have
taken $945,066.68 and individuals $28,500. In addition to this, the
Central Bank loaned to the State, under an ordinance of the conven-
tion, in coin, $105,882.35; the Commercial Bank, $58,823.54, and the
Eastern Bank, $35,294.11, making in all $200,000, to purchase provis-
ions and stores for the army. This statement shows that the State

700

is indebted to the banks for almost the entire amount of money pro-
cured under the authority of the Legislature for prosecuting the war.
It is well known that in times of peace I have regarded banks as a
necessary evil, but in the present exigencies of the country experience
compels me to regard them as a public necessity. It is due to the
Central Bank to state that under an act of the last session of the Gen-
eral Assembly, authorizing the Governor to borrow $100,000 to pay
the members and officers of the Legislature and of the convention,
and for the payment of printing, &c. , that bank loaned said sum to
the State in addition to the sums above specified. Whilst it is proper
that the necessary restrictions should be thrown around these institu-
tions, I feel assured that none will be imposed by you detrimental to
the public interest, when their aid is so much needed. For the con-
dition of the banks I refer you to the report of the commissioners.
The Bank of Selma, a free banking institution, purchased $27,000 of
the semi-annual State bonds, and has manifested a liberal disposition
to aid the State in her emergencies. As the State and the Confed-
eracj'^ will need assistance from every source from which it can be
procured, I recommend that this bank be authorized to suspend specie
payments upon the terms, conditions, and restrictions imposed upon
the other banks, so far as may be practicable.

FINANCE.
CIVIL DEPARTMENT.

The balance in the treasury on the 30th day of September, 1861, was. $393, 665. 37
Received since, to October 23, 1861 50,343.97

Total 343,909.34

Deduct disbursements to October 33 26,269.67

Balance. _ 317,639.67

MILITARY DEPARTMENT.

Balance on hand September 30,1801-.-. $217,337.68

Received since.to October 33, 1861 125,740.80

Total 343,078.48

Disbursed from September 30 to October 23, 1861 43, 635. 59

Balance 300,452.89

The above statements exhibit the amounts in the civil and military
departments on the 30th of September, the end of th^ fiscal year, and
also on the 22d of October thereafter. For the details of receipts
and disbursements you are referred to the reports of those faithful
public officers, the comptroller and treasurer. The $200,000 borrowed
from the banks to purchase army stores will become due in January,
1862. I recommend that, with the consent of the banks, said debt be
extended. Should this not be done, provision must be made for the
payment of said sums.

FOREIGN DEBT.

Mr. Whiting, commissioner and trustee of the State bank and
branches, has provided for the payment of the interest on the foreign
debt for the present year. It is desirable that these bonds should be
paid at maturity, but the public exigencies require that all of our
moneyed resources be reserved to meet the necessities of the State. I

CONFEDERATE AUTHORITIES. 701

therefore recommend the passage of an act authorizing and provid-
ing for the renewal of the bonds and tlie extension of the debt for
such length of time as the Legislature may deem advisable.

SCHOOL FUND.

As it is imiiossible to foresee what is to be the duration, or what the
expenses of the present war, it is of the utmost importance that
every preparation and provision possible be made for its vigorous and
successful prosecution, be it long or short. I therefore, with great
reluctance, am compelled to recommend that the appropriation for
educational purposes be suspended until the termination of the war
and the money bo applied to the defense of the country. I also sug-
gest that the fund arising from the military tax, under the provisions
of an act approved February 18, 1860, be applied to the purpose. If
I believed it to be in the power of the Legislature to give the same
direction to the interest of the sixteenth section fund I would recom-
mend it. Taking it for granted that the Legislature has not the
right to change the application of this fund, I respectfully suggest
that an appeal be made in some form by the Legislature to the citizens
of the several townships in this State to appropriate the interest of
the sixteenth section fund to the support of the war. Most of the
townsliips in which the sixteenth sections are valuable are inhabited
by persons of wealth, who can afford to make this sacrifice; a sacri-
fice which is as nothing compared with the great end to be effected.
Having had so many evidences of the patriotism of our people, and
of the unexampled alacrity with which they respond to every call in
behalf of the country, I cannot doubt that the citizens of the town-
ships will willingly consent that the interest of this fund may be
applied during the Avar to its support. This interest, with the appro-
priation for common schools, amounts to $300,000. Under no other
circumstances than those which now surround us would I recommend
a change in tlie application of these educational funds; but every
appropriation not necessary in conducting the State government
should be made to yield to the support of our struggle for deliver-
ance and liberty.

EXTORTION.

Complaints liave been made to me from many portions of the State
that there were persons engaged in purchasing articles indispensable
to the support of the Army and of our poor people foe the purpose
and with the intent of extorting extravagant prices from those who
might be compelled to purchase these articles. Upon this informa-
tion I issued a proclamation denouncing such conduct as unpatriotic
and wicked, and instructed the quartermasters and other agents of
the State to purchase nothing from such persons. Merchants and
tradesmen, in common Avith persons engaged in every iegitimate pur-
suit, are entitled to the fostering care of the Government, but when
so forgetful of social duty and regardless of the interests of their
country as to monopolize the trade in those commodities most neces-
sary for the comfort and subsistence of our soldiers and citizens, it
becomes the duty of the Legislature, as the public guardians, to adopt
such measures as will prevent, as far as possible, the State and the
people from becoming the prey of such harpies. 1 am gratified to be
able to say that comparatively but few are engaged in this illegitimate

702 CORRESPONDENCE, ETC.

business, and of these some are not regular merchants. These
attempts to speculate upon the Grovernment and the people are not
confined to Alabama. Every State of the Confederacy is infested
with this class of men.

PKESENT STATE OF COAST DEFENSES.

It is manifest that the Lincoln Government has been making exten-
sive preparations for a naval expedition to the Southern Atlantic and
Gulf coasts for the purpose of invading, if possible, the cotton States
from that direction. Alabama has an extensive coast to be defended,
and nothing should be left undone that may be necessary to security
and safety. What is to be done should be done promptly. When
Forts Morgan and Gaines were taken possession of by the troops of
Alabama the latter was in an unfinished condition; indeed, in its state
at that time it was of no value as a point of defense. Fort Morgan
had been inuch neglected and required a large expenditure of money
and labor to render it tenable and serviceable. What had not been
done by the State previous to the transfer of this fort to the Confed-
eracy has since been completed by the latter Government. Fort
Gaines, as I am informed, will soon be completed, and is now ready
for efiicient defense. These forts, with the batteries at Grant's Pass,
it is supposed, will secure the city of Mobile against the approach of
the enemy by way of the bay or by Spanish River. The only real
danger to be apprehended is the landing of the enemy through the
bays or inlets at other points on the coast. To prevent this the Con-
federate Government is making provision by the erection of batteries
and by guarding these points with troops. The State has advanced
$30,000 to the committee of safety in Mobile to aid in preparing
defenses for the city, and has also purchased from the city authorities
munitions of war at the cost of $26,524, which are deposited in the
city annory to meet emergencies. There is one regiment of troops at
Fort Morgan, two battalions at Fort Gaines, and one company at
Grant's Pass. Two other regiments have been ordered to the coast, a
third has been organized in the city of Mobile, and a fourth will be
ordered there as soon as organized. Several additional regiments are
being raised and are nearly full, whose destination is not fixed by the
Secretary of War, so far as I am advised; but it is presumed they
will be ordered to our coast if deemed necessary by Brigadier-General
Withers, the officer in command at that point. The War Department
was at an early day advised that the State was prepared and willing
to co-operate with and aid the Confederacy in making the necessary
preparation for the protection and defense of our coast. No troops
of the enemy have been landed on the soil of Alabama, nor am I
advised of any attempt to do so. There is another subject in connec-
tion Avith the Gulf coast to which it is proper to call your attention.
The passage between New Orleans and Mobile had been interrupted
by the enemy and steamers had ceased to run between those places.
The Governors of Louisiana, Mississippi, and Alabama deemed it a
matter of the highest importance, not only to these States, but to the
Confederacy, that this public highway should be opened and kept
open. They therefore mutually determined and agreed to co-operate
in doing whatever might be necessary for this purpose, with the under-
standing that these States should pay their proportional share of the
damages, provided the Confederacy would not relieve them by assum-
ing the payment. This passage was opened and the public relieved
from the embarrassment and damage created by its interruption.

CONFEDERATE AUTHORITIES. 703

With the view and for the purpose of carrying out the objects of the
agreement referred to, and at the request of Commodore Rousseau,
naval commander at New Orleans, and of Governor Moore, of Loui-
siana, I took the steamer Florida — then at or near Mobile — with the
promise of Commodore Rousseau that he would have her armed and
manned for service, which has been done. She was represented by
this oflficer to be better adapted for the service to be performed than
any other steamer at Mobile or New Orleans. Being anxious to avoid
taking private property for public uses, unless the public exigencies
imperatively demanded it, I instructed Col. Percy Walker, of Mobile,
the inspector-general of General Clemens, to charter the Florida for
sixty or ninety days. This he was unable to do, the owners alleging
that to fit her out for the purposes intended would render her useless
for the business for which she was constructed. I then determined to
purchase her and had her appraised, the State having two and the
owners two appraisers. The persons selected by the State were the
appraisers for the port of Mobile. They valued the steamer at $60,000
and the persons selected by the owners valued her at $100,000. The
difference in the valuation was so great that I determined to take the
vessel and leave the matter to be settled in some just and equitable
manner. I proposed to one of the owners, who is now a member of
the House of Representatives, to pay the $60,000 upon the production
of the proper papers as to cost and ownership. This has not been
done, but Doctor Wolf has assigned satisfactory reasons for not doing
so. No part of the money has been paid, and now I submit to your
consideration whether more than $60,000, the amount fixed by the
State appraisers, shall be paid to the owners of the vessel.

By an ordinance adopted by the State convention January 14, 1861,
the Governor was authorized to appoint an agent to purchase provisions
and stores for the troops of the State, and was further authorized to
borrow money for that purpose and to execute the bonds of the State
for the same, having "not less than twelve months to run." On the

day of July, 1861, Col. J. W. Echols, of Macon County, was

appointed agent under said ordinance, entered into a written contract,
and executed a bond as therein provided for. The money to make
the purchases was borrowed in coin from the Central, Commercial,
and Eastern Banks as heretofore stated. This amount was deposited
to the credit of the agent in the Citizens' Bank of New Orleans. The
agent, with the necessary assistants, immediately set out for New
Orleans and the northwest to make the purchases. It is due to him
to say that he performed the responsible duties imposed by his con-
tract promptly and efficiently and to my entire satisfaction. The
provisions and stores were of the best quality, as I am informed by
competent judges, except a small amount of hay which was slightly
damaged, but was sold for a sum sufficient to cover costs and charges.
By depositing the money in New Orleans the agent was enabled to
realize a profit of $8,000 on exchanges between Saint Louis and New
Orleans. His account has been audited and allowed and is deposited
with a written contract in the treasurer's office, subject to your inspec-
tion ; but he is still unpaid for his services. So much of the contract
between the State and the agent as is necessary to be referred to is in
the following terms, to wit :

And the said A. B. Moore, Governor as aforesaid, for and in consideration of
the services to be rendered in the premises by the said J. W. Echols as agent, and
also for the services of his assistants, covenants and agi'ees to pay the said J. W.
Echols the sum of $3,200, and also agrees to pay the expenses of the said J. W.
Echols and his assistants, not to exceed two. And it is further agreed by the said

704 CORRESPONDENCE, ETC.

A. B. Moore, Governor as aforesaid, that in the event of any unforeseen and
extraordinary circumstances or accident occurring in the performance of this
contract by the said J. W. Echols not contemplated by this agreement, such addi-
tional compensation may be allowed as two disinterested persons may agree upon
as being just and proper, one to be selected by each party, and the two to select a
third in case of disagreement by them.

When the contract was made it was supposed that the trust might
be executed in thirty or forty days, but in this both parties were
mistaken, as the agent was engaged about three months in completing
his labors. In consequence of this and the skill and management of
the agent in accumulating the fund by way of exchanges he insisted
on being allowed the amount of the exchange for his services, exclu-
sive of his expenses, which have been paid. I did not feel at liberty
to settle with him on these terms, and the question of compensation
has been left open for your determination. Colonel Echols has been
a faithful, energetic agent and is entitled to liberal compensation.

TROOPS AND CLOTHING.

In the exercise of the powers confided to me by the ordinances of
the convention and the acts of the last Legislature to protect the State
from invasion I deemed it of primary importance to act with the
State of Florida in securing the possession of the navy-yards and forts
near Pensacola, then in the possession of the Government of the
United States. A volunteer force under tlie command of Colonel
Lomax was promptly dispatched to Pensacola with that object and
succeeded in effecting the surrender of the navy-yard and the occupa-
tion of Forts Barrancas and McRee. The troops which had accom-
plished these important results and who had volunteered with reference
to that special purpose were subsequently relieved by twelve-months'
volunteers, who were accepted by me under the provisions of the ordi-
nances of the 19th of January, 1861. The garrison at Port Morgan,
under the command of Colonel Todd, consisting of volunteer troops
organized under the act of the 24th of February, 1860, was in its turn
relieved by volunteers accepted under the same ordinance. Recruit-
ing stations were opened and a battalion of three-years' regulars
enlisted and thoroughly organized. The volunteer forces near Pensa-
cola and at Fort Morgan were formed into regiments, and with the
battalion of regulars remained in the service of the State at these
points until the Confederacy assumed the conduct of the war, when
they were transferred to that Government under the authority of the
ordinance of the 11th of March, 1861. In July last, in view of the
menacing attitude which had been assumed by the Northern Govern-
ment, the preparations which were making by it for the transportation
of a large force with munitions of war by sea, and the necessary
concentration of a large proportion of the Confederate forces in Vir-
ginia, it was deemed proper as a prudential measure to strengthen the
defenses of Mobile by the acceptance of two regiments and several
companies, in all about 2,500 troops, under the ordinance of 19th of
January last, which was done, however, upon the express agreement
that the troops thus accepted should not be entitled to any pay or
allowances unless ordered into actual service or into camps of instruc-
tion, and in the last case to be subsisted and furnished with camp
equipage only. In order to secure the necessary field instruction, as
well as generally to promote its discipline and efliciency, a camp of
iD,8truction was formed for one of these regiments for thirty days.

CONFEDEKATE AUTHORITIES. 705

These troops, mamtained at a small expense to the State, well armed,
and prepared to act as emergency might require, constituted a valu-
able auxiliary to our coast defenses. They were retained in the State
service until very recently, when, with the understanding that they
would be accepted by the Confederate Government, to which their
services liad been tendered, they were discharged.

Directly connected with this subject is the disposition made by me of
the arms and munitions of war belonging to the State. On the com-
mencement of hostilities between the two governments I considered
that my dutj' as the Executive of Alabama required of me to afford to
the Confederate Government a ready and efficient support to the utmost
of my abilitj'. The cause of the Confederacy was the cause of Ala-
bama, and the resources of the State which were at my command and
essential to a vigorous and successful prosecution of the war I freely
placed at the disposal of the Confederate Government. The arms, up-
ward of 20,000 stand, and other munitions of war acquired by the State
in taking possession of the arsenal at Mount Vernon and Fort Morgan
were, under the direction of the ordinance of 9th of March, 1861, turned
over to the Confederacy, while those which the wisdom and foresight
of the Legislature of 18o9-'60, in anticipation of the events which
subsequently transpired, had enabled me to provide, were liberally
supplied to the volunteer force of Alabama in the Confederate service.
Your State has given to the defense of the Confederacy full 27,000 of
her men. She has organized and in the field twenty-three regiments,
two battalions, at least ten companies of horse and as many of foot,
while five other regiments are in process of formation, their ranlts
nearly full. Of these troops Alabama has armed more than 14,000
and equipped nearly half that number, besides furnishing large sup-
plies of powder, heavy and light artillery, and other munitions of war,
independent of those which resulted from the occupation of Mount
Vernon. The expenditures which have been made by the State in
acquisitions which the Confederacy has received, the supplies which
have been furnished at the expense of your treasury to arm, equip,
and subsist her troops, the expenses of the State in defending and
protecting the gulf-coast in Alabama and Florida after the formation
of the Confederate Government, as they resulted to the common good,
constitute a just claim upon the common treasury, which will doubt-
less be acknowledged and paid by that Government. In this connec-
tion I would also bring to the notice of your honorable body that I
have taken the responsibility of anticipating to a considerable extent
the payment of the clothing commutation money to be made by the
Confederate Government to the troops from this State in, her service,
and investing the amount in clothing for their benefit. I assumed
this responsibility only under the conviction that the large amount of
clothing required could not otherwise be supplied, and that the com-
fort and health of the troops, as well as their efficiency in the field,
imperatively demanded it. The provision made by law to the volun-
teer to supply him with clothing was originally $21, since increased
to 825, which is paid him on the first pay-day, and every six months
afterward during his continuance in the service. A large proportion
of the volunteer force from this State have no other means to furnish
themselves with clothing than the provision thus made, and of those
who entered the service during the last spring and summer not one
has received more than the lowest sum I have named to provide him-
self with both summer and winter clothing, including blankets.

45 R K — SERIES IV, VOL I

706

The facts I have stated are sufficient, and I need scarcely refer to
the difficulty in obtaining the material, of volunteers in active service
making the purchases, the extortions and petty impositions which they
were too frequently subjected to. With the increased prices, the
impossibility of anticipating their clothing allowance or of purchasing
upon a credit, those who were dependent upon that allowance alone
could hardly be kept in the field in a climate like that of Virginia and
Tennessee during the winter months, certainly not without great suf-
fering. Much, indeed, was to be expected from individual exertion
and private liberality, and these expectations have not been disap-
pointed. Companies and individual volunteers from the more wealthy
counties have in many instances been amply provided for, and in
response to the appeals which I have publicly and officially made large
amounts of clothing have been forwarded me for general distribution ;
but the supplies thus obtained fall far short of meeting the necessities
of the large number of our troops in the service. It was with a view
to these results that I determined to apply a portion of the State funds
to the purchase of the material for clothing, a large portion of which
I was assured would be gratuitously made up through the patriotic
efforts of the female "aid societies " throughout the State. It was
not my purpose to supply even the material for clothing all the vol-
unteers from the State. The treasury would not have afforded the
means. My object was simply to aid the volunteers to the extent of
the ability of the State, in anticipation of the clothing allowance to
which they were entitled, and out of which, when made under the
existing laws of the Confederacy, the State could be reimbursed.
There were, indeed, other considerations which were not without their
influence. The clothing, the material of which was purchased in
large quantities for cash, directly from the manufacturer or wholesale
dealer, and made up, to a large extent, by gratuitous labor, could be
supplied to the volunteers at prices greatly lower than they could
obtain them in the usual course of trade, and the extortions and spec-
ulations on his necessities be avoided.

In the distribution of the clothing I regarded the troops in Virginia
as first demanding my attention. The severity of the climate, the
difficulty of obtaining supplies caused by the large number to be sup-
plied, and the character of the service left no doubt on my mind that
their wants were more pressing than those who were serving in the
milder climate of the Gulf. The most necessitous were the first to be
supplied. Richmond was selected as the principal depot for distribu-
tion, a warehouse rented in that city, distributing agents appointed,
and a proper system of accountability established. The clothing
made up under the direction of the State, as well as that received for
general and special contribution, was forwarded by transportation
agents, a class of agents rendered necessary by the dangers of loss,
difficulties, and detention incident to a long route of railroad trans-
portation, the roads crowded with freight to a much greater amount
than was anticipated or prepared for. Great care was taken in tlie
selection of these agents, who were instructed to deliver the special
contributions intended for companies or individuals to the captains
of the companies, or, when that was not practicable, as it was not in
every instance, they were left in charge of an agent, to bo delivered
when opportunity offered. Of the general contributions, by which I
mean donations made to the State without designating the objects of
the bounty, those essential to the sick were forwarded for the use of
the Alabama Hospital, established mainly by the exertions and liberal-

CONFEDEEATE AUTHORITIES. 707

ity of Mrs. Arthur P. Hopkins, for whose untiring efforts in the cause
of the sick and wounded of Alabama the warmest thanks of the State
are due. The remaining portion was thrown into the common stock
with the clothing furnished by the State, and a scale of prices adopted
for the whole by persons disconnected witl^ the distribution, which it
is supposed would be sii 'Rcicnt to reimburse the State the actual cost.
By this course the volunteers realized the full and equal benefit of
these contributions, by receiving the clothing in which the funds of
the State were invested at less than actual cost. I have deemed it
my duty to call your attention especially to the facts connected with
the purchase and distribution of the clothing, for the reason that I
acted without authority, and for the additional reason that, in rela-
tion to some of the existing contracts, justice to the contractors may
require a recognition of them from your body.

HOSPITAL FOE SOLDIERS.

I desire to call the attention of the Legislature to the following let-
ter from a distinguished physician and surgeon in the Army from
Alabama in regard to providing a hospital for the sick and feeble
troops from this State in the Army of the Potomac :

Centerville, Va., September S7, 1861.
Governor A. B. Moore,

Montgomery, Ala.:
Sir : A Virginia winter is rapidly approaching, which a large portion of the
troops of the Confederacy seem likely to have to spend upon this border of our
country. This is a poor section of the State. The villages are few and straggling,
and the houses in town and country generally small and many of them in a state
of partial dilapidation. Good vdnter quarters are necessary for all the troops,
but indispensably so for the sick and weak. For Alabama I am of the opinion
that the sick and weak or convalescent may be safely set down at one-fourth the
whole number.

These men vsrUl have to be provided with good hospital accommodations speedily
or many of them vfill die for the want of them, for after all the efforts I fear
many of them will be thinly clad and wanting in overcoats, blankets, and gloves.
Were they well clad, still the hospital accommodations are indispensable. Now,
I am satisfied our Government, through its proper departments, is making all the
efforts to meet this great want it can, and that much will be accomplished, yet
there is reason to fear the Government will not be able to provide in time accom-
modations for such a large number of men as will need them. Of the magnitude
of this enterprise you may form an idea when I tell you that in our single brigade
nearly 1 ,500 men are unable to march. It has seemed to me that this was an occa-
sion when the States might with propriety step in and do a great work of benev-
olence and duty to their soldiers. I have heard nothing of late of the "Alabama
Aid Association " that commenced its operations at Richmond, far away from the
point at which its services were most needed. I learned that they^had opened an
"Alabama Hospital," which was fuU before they had taken 100 patients. My own
regiment would have filled it at one time during the last two months and then
had a good many men unprovided for. You will see how inadequate such a scale
of operations is to the wants of our troops. Besides, we want hospitals up here
nearer to us, immediately on the railroad from Richmond, or some branch of it.
A hospital can be opened by renting and building, or building alone. The Con-
federate Government is having an extensive hospital constructed just in the rear
of Manassas on a very economical and at the same time commodious plan. The
medical director informs me that there are some good points and villages unoccu-
pied yet, which our State could secure. The State of Mississippi has, I am
informed, appropriated §50,000 to this purpose, and has sent out an agent, who
has secured buildings at Warrenton, and is rapidly preparing a hospital there for
the troops from that State. Such a hospital should have surgeons and assistant
surgeons commissioned by the Confederate Government, if they are paid by the
State, for the purpose of military government, and furnishing legal papers to sol-
diers, and proper reports and returns to the Medical Bureau at Richmond, &c.

708 CORRESPONDENCE, ETC,

I have felt it a duty to lay this state of things before Your Excellency, not doubt-
ing that the State of Alabama -would sustain you in anything you in your
judgment feel called upon to do to meet this emergency. Should you decide to
investigate the subject, or to act on the suggestions, a reliable and competent
agent will be of tne first importance.

*******

I have the honor to be, your most obedient servant,

C. J. CLARK,
Surg. Tenth Alabama Regiment and Chief Surgeon of the Fifth Brigade.

I can add nothing to tlie facts and arguments contained in this letter,
and recommend that provision be made without delay for the appoint-
ment of a suitable agent to go to Virginia to inquire more particularly
into the necessity and practicability of renting a building or buildings
as suggested by Doctor Clark, and that the necessary appropriations be
made for that purpose . The State has contributed $1 , 000 in cash to the
support of the hospital in Richmond; and churches, aid societies, and
individuals have also given large amounts of money and hospital stores
for the same purpose. Another hospital building has been rented at
Richmond by Mrs. Hopkins since the foregoing letter was written.
This, however, does not meet the wants of the sick at Manassas, as
Richmond is too far from that point.

SALT SPKINGS.

As salt is an article of prime necessity to our people, and as the
State owns valuable springs in the county of Clarke, capable, I am
told, of furnishing a large amount of salt, it is recommended that
they be leased to some person or persons who will obligate themselves
to commence its manufacture, that our citizens may be supplied with
this indispensable article to the extent of the capacity of the springs
to produce it.

MILITAKY INSTITUTE.

The University of Alabama and the other military institutions of
the State have been eminently successful, and have borne ample testi-
mony to the wisdom of the Legislature in introducing this branch of
education into our colleges and in giving special aid to a certain num-
ber of poor young men from each county in the State. For the amount
of money expended, the State has already been amply compensated
by the services of the cadets. Many of them have been engaged
during the summer and fall in drilling volunteer companies for the
Confederate service, and many more are in the Army, some as privates
and others as officers. Their skill and efficiency are universally
acknowledged, and the beneficial results of their instruction and
examples are seen and felt. These institutions deserve and should
receive the special care and encouragement of the State. The ranks
made vacant by those cadets who are in the Army, I am gratified to
learn, are already filled.

GENERAL REMARKS.

On the 11th day of last January a convention representing the peo-
ple of this State severed its connection with the Government of the
United States and gave it a separate and independent existence
among the nations of the earth. To this bold and decisive step our
people were led by the conviction, slowly and reluctantly attained,

CONFEDERATE AUTHORITIES. 709

that the sacred guarantees provided by the Constitution were destined
to an early subversion by a purely sectional party, which had for years
been rapidly increasing in strength and which had at length acquired
the control of the most important departments of the Government
under circumstances which rendered it morally certain that the doc-
trines of the party, utterly subversive of the political equality of the
South, involving the destruction of the rights of its property and
carrying with it the social degradation of its people, would at no dis-
tant day be carried into practical operation. This conviction was
produced by a long series of acts and declarations of an alarming
character, which culminated in the election of Abraham Lincoln to
the Presidency of the United States. Subsequent events have fully
justified the apprehensions of those who adopted the ordinance of
secession; have vindicated their conduct, and conclusively demon-
strated that secession alone has saved for us the constitutional liberty
which it was the aim and object of our fathers to secure. The career
of the present Government of the United States has been marked bj"^
the grossest aggressions upon the constitutional rights and liberties
of the people. President Lincoln, usurping an authority which was
designedly withheld by the Convention that framed the Constitution,
and at the same time arrogating to himself purely legislative power,
soon after his inauguration commenced a war upon the most extended
scale upon the seceded States. He has abolished that great bulwark
of liberty, the writ of habeas corpus, which was amply secured by the
Constitution he was sworn to support. He has overthrown the con-
stitutional authority of the judiciary, even when interposed by the
venerable Chief Justice of the Supreme Court of the United States in
behalf of a citizen's outraged liberty. He has in many places sub-
verted the civil by military authority and put the people under the
rule of martial law, to be administered by creatures of his own selec-
tion. In the States which his armies have invaded, slaves have been
seduced from their owners and declared free. By his despotic com-
mand the freedom of speech and of the press has been destroyed;
newspapers which dared to protest against the overthrow of the Con-
stitution have been suppressed ; the people, without process of law,
have been subjected to searches and seizures in their persons, houses,
papers, and efEects, and, as if to demonstrate that no right was too
sacred to be violated and no act of tyranny too gross and revolting to
be perpetrated, virtuous and patriotic citizens have been ruthlessly
seized and transported to distant places and there incarcerated, and
even women, without the forms of law, have been dragged from the
domestic altars into imprisonment.

Within a period of eight months all security of life, liberty, and
property in the United States has been destroyed, the Constitution
has been virtually set aside, and a military despotism has taken the
place of the Government which our fathers framed. We may well
congratulate ourselves and return thanks to Almighty God that a
timely action on our part has saved our liberties, preserved our inde-
pendence, and given us, it is to be hoped, a perpetual separation from
such a Government. May we in all coming time stand separate from
it, as if a wall of fire intervened. The secession movement has been
successful. Eleven States, with an intelligent, brave, and chivalric
population, united in interest by the homogeneous character of their
institutions, abounding in all the agricultural and mineral produc-
tions necessary to sustain and enrich a people, favored with varied
and extensive facilities for manufacturing, traversed by large and

710 CORRESPONDENCE, ETC.

navigable rivers, connected by long lines of railroads, and having a
sea-coast stretching from the Potomac to the Rio Grande, have con-
federated together and formed a Constitution, the wisdom of which
challenges the admiration of the world. Kentucky and Missouri
hestitated to join in the great movement until the chain of the tyrant
was almost riveted upon their giant limbs; but, awakened by the
perils of their condition, their brave and patriotic sons, aided by the
soldiers of the Confederate States, are now struggling with an energy
and courage which cannot fail to throw off the authority of Northern
despotism and secure their independence. It is confidently believed
that at an early day we shall have the pleasure of welcoming these
States into oxir Confederacy. Maryland, too, though now down-
trodden and oppressed, cannot long be held in subjection by the cor-
rupt and crumbling dynasty at Washington. The enemy which has
stricken down liberty in this State and inflicted the most revolting
outrages upon its citizens will yet be driven out, and at no distant
daj' Maryland, freed from the despotism which now stifles her voice,
will speak the wishes of her people and link her destinies with ours.
When the fourteen States in which alone slavery exists to any con-
siderable extent shall have thus been united into one Confederacy
under our common Constitution, so wisely adajpted to their condition,
the great revolution will have accomplished its purpose; and thus will
have been added the last column needed to support through coming
ages the structure of our Government.

The events of the war have demonstrated the ability of our Gov-
ernment to sustain itself. With the largest and best appointed
armies which have ever been organized upon this continent, and a
navy greatly superior to our own, our enemy has not attained any-
where a decided advantage. Arrogantly announcing the purpose
of subjugation, he has not been able to extend an invasion to any
considerable extent from the border; and in his latest attempt his
army had scarcely set foot upon Virginia soil before it was driven
back by a small but brave band of volunteers in confusion and defeat,
many of the invaders finding a grave beneath the waves of the border
river they had just crossed. In almost every engagement the victory
has been with us. Every battle-field bears testimony to the valor of
our troops. Your citizens in every part of the State have shown an
eager desire to enter into the military service. The Government at
Richmond, as well as the State government, has been literally besieged
with applications from this State for admission into the Army; and
wherever her troops have been engaged they have exhibited dauntless
courage and intrepid coolness. The Fourth Regiment, commanded
by the lamented Col. Egbert J. Jones, was the only portion of the
Alabama Volunteers which had an opportunity to participate actively
in the battle of Manassas. That regiment, exhibiting the qualities
which are believed to be common to all our volunteers, after all of its
field officers fell in the fierce and prolonged conflict, drove back
several regiments of the enemy successively led against it, and main-
tained the unequal fight with unfaltering courage until the enemy's
flight terminated the battle. The men of that regiment, by their
gallantry, earned for it a proud distinction, justly entitling them to
the gratitude of the State. Their conduct will hereafter stand as a
glorious example of heroism to be emulated by our other brave and
gallant volunteers. Recently a small number of Alabama troops,
participating in an attack upon the enemy's camp on Santa Rosa
Island, well sustained the character for courage and daring which the

CONFEDERATE AUTHORITIES. 711

conduct of the Fourth Regiment had given to Alabama Volunteers;
and all I am proud to saj' have endured with fortitude and patience
the toils and privations of a soldier's life, which are not the less trying
because they are free from the excitement of battle.

It is a matter of gratulation that whatever dissatisfaction may
have existed at first on account of the adoption of the ordinance of
secession, it exists no longer. The people of the State, with few indi-
vidual exceptions, have been convinced by subsequent acts of the
Xorthern Government that that measure was indispensable to the
preservation of our liberty and property, and now give their best
energies to its support and defense. We now present the gratifying
spectacle of a united and harmonious people, satisfied with our insti-
tutions, ardently attached to the Government, and resolved to main-
tain it. All classes in every part of the State, with rare exceptions,
have been prompt to contribute to the support of the Government in
the sti'uggles and trials which an unjust war have brought upon it in
its infancy. The annals of history afford few examples of higher and
purer patriotism than have been evinced by the people of Alabama.
Vain is the idea of our enemies that such a people can be subjugated.
It is true that our independence, like every other great good, has to
be purchased with a price. The separation, by which alone it could
be accomplished, has brought upon us the evils of war. But these
evils are passing and temporary, while the degradation of submission
would be lasting and permanent. Years of hardship, and, it may be,
of siiffering, are of but little moment in the existence of a nation, and
the boon of national liberty, perhaps for centuries, is lightly purchased
at this cost. So far we have every reason to be thankful. A kind
and munificent Providence has smiled upon our harvests, has crowned
our armies with success, and inspired our people with a spirit which,
in the just cause in which they are engaged, must insure their ulti-
mate triumph. The mode, too, in which the war has been prosecuted
by our adversaries, while it has served to diminish their resources,
has increased our own. Mechanical arts and industrial pursuits,
hitherto practically unknown to our people, are already in operation.
The clink of the hammer and the busy hum of the workshop are
beginning to be heard through our land. Our manufactories are
rapidly increasing, and the inconveniences which would result from
the continuance of the war and the closing of our ports for years
would be more than compensated by the forcing us to the development
of our abundant resources, and the tone and temper it would give to
our national character. Under such circumstances the return of
peace would find us a self-reliant and truly independent'people. As
my term of service will expire in a few days, when my official con-
nection with the State will be dissolved, it is a source of much grati-
fication to me to be able to say that there is no State in the Confederacy
which has done more in proportion to its means, for her own security
or to aid the Confederate Government in this great revolution, than
^Vlabama. I take this opportunity to return my thanks to the men
and women of the State for the unsurpassed promptitude with which
they have responded to the many calls made upon them in ^'arious
forms, in behalf of the State and Confederacy. And I desire at the
same time to express my gratitude to those who have been officially
connected with me for the faithful and efficient discharge of their
duties. May the God of wisdom guide you in your deliberations is
my sincere prayer.

A. B. MOORE.

712 CORRESPONDENCE, ETC.

[October 28 and 29, 1861.— For Milton to Benjamin and Milton to
Davis, in relation to organization of troops and other military matters
in Florida, see Series I, Vol. VI, pp. 297, 300.]

[October 28, 1861. — For Brown to Benjamin, protesting against
the further removal of Georgia troops to Virginia, and Benjamin's
reply thereto, see Series I, Vol. LI, Part II, p. 359.]

Executive Office,
Jackson, Miss., October 29, 1861.
His Excellency Jefferson Davis :

Dear Sir: Your letter of the 19th instant this moment handed me
by Colonel Haynes. * In response to your inquiry, ' 'Why do you favor
the twelve-months' men ?" I answer that I have not favored the twelve-
months' men. I have only administered the law of the State. The
convention gave to the military board the absolute control of all the
arms and military property of the State, and the military board passed
an order that no arms should be given to any companies until all the
companies mustered into the service of the State were armed. This
order was reiterated and insisted on, and they had the right under the
ordinance to control the matter. Many of the twelve-months' compa-
nies had enlisted early in the spring, and had spent from $500 to $5,000
per company of their private means in uniforming, equipping, and
drilling their companies in camp at their own expense, and had the
arms of the State in their hands; other companies, similarly organized
and drilled, had waited in camp for months for arms to be repaired for
them. Gentlemen who said they were authorized by the Confederate
authority to raise regiments or companies for the war, came to me and
asked that the arms should be taken from these companies and given
to them. This I refused for two reasons: First, I had no power; sec-
ond, it was not just to first-class companies. This was complained of
by the officers who were anxious to arm their regiments for the war as
favoring the twelve-months' men. I have often appealed to the mili-
tary board for arms for the troops for the war, and sometimes it was
reluctantly granted. Bonham's regiment was armed by my order, and
if I have gone beyond my authority in any instance it has been in the
arming and equipping companies for the war. When on June 30 last
the Secretary of War called on me for 3,000 troops for [the war?] they
were tendered and received. The Secretary informed me that muster-
ing olBcers and supplies should be sent to the encampments. This
was delayed until General Hardee and General Polk sent their agents
into Mississippi for troops, and many were received by those officers
for twelve months who had tendered to me for the war, and the Secre-
tary of War received companies who would arm themselves for twelve
months, and ordered them to Virginia and other points, notwithstand-
ing they had been tendered to me, under his call, for the war, and
being thus received and ordered, they left the State without giving me
notice. I at last ordered what companies were left into camp at the
expense of the State. They have since been supplied by the Secretary
of War, but not until I wrote to you calling attention to the matter.
General Johnston is now calling on me for 10,000 troops for the war,

* Not found.

- CONFEDERATE AUTHORITIES. 713

or twelve months, as they may elect, and if your Confederate offtcers
continue to receive twelve-months' men, I have no power to induce
them to enlist for the war. I again repeat to Your Excellency that I
have not favored the twelve-months' men, and any action of mine that
seems to point that way is the result of laws over which I have no con-
trol. Your information in regard to the 2,000 English rifles belonging
to Mississippi at Havana is not correct. The agent whom the military
board sent to Europe for arms brought them to Havana and sold them
there to the Governor for a profit. The Secretary of War asked me to
name suitable men for the position of quartermaster and commissaries
at Brookhaven and Marion Station. All those suggested by me have
received their appointments except Charles C. Scott as commissary at
Marion Station. I have not heard yet that a commissary has been
appointed for that place, or why Scott was not appointed.

Mr. President, I am aware that unscrupulous men from Mississippi
have been at Richmond, and hoped to be able to get something on
which to found a complaint against me, and as they have misrepre-
sented my acts here at home, I doubt not they have done the same
thing there. The members of the Legislature best known to you and
most esteemed by the people, with all the facts before them, called
on me to become a candidate for re-election, and the people, with a
unanimity rarely witnessed, have sustained me, and when the facts
are as well known to you as they are known to the people of this
State, I have an abiding confidence in your approval of what I have
done.

Very respectfully,

JOHN J. PETTUS.

[October 29, 1861. — For Benjamin to Lovell, in relation to the
reception of troops for less than twelve months' service, &c., see Series
I, Vol. VI, p. 758.]

[October 30, 1861. — For Bragg to Benjamin, in relation to the
appointment of oflacers, see Series I, Vol. VI, p. 758. ]

Executive Department,
Austin, Tex., November, 1, 1861.
Gentlemen of the Senate and House of Representatives:

Your presence at the seat of government is at all times an occasion of
interest and congratulation, but at no period within the memory of any
member of your honorable body have the representatives of the people
convened under circumstances of so much necessity for their deliber-
ationj or so heavily burdened with the responsibilities of the future,
as the present. You are direct from the people and your acts will be
the reflections of their will. This fact and your combined intelli-
gence render confident the assurance that your enactments will afford
complete justification of the past, sustenance for the present, and
security in the future. It is the constitutional duty of the Executive
to communicate to you information of the state of the government and
recommend to your consideration those reasons which may be deemed
essential to the advancement of the public welfare. In contemplation

714

of the circumstances which surround him, being, as he is, the creature
of the convention, and not directly of the people, it will perhaps be
sufficient that he should confine himself to those facts which will enable
you to arrive at a positive understanding of the actual situation of
the State, rather than to make suggestions as to the policy you should
adopt. This will .more appropriately become a matter of subsequent
recommendation. In consideration of our position as an independent
State, and at the same time as one mighty element in a young but
hopeful nation which is battling for its life, the subject of primai-y
interest is a survey of our military condition. To arrive at an under-
standing of this subject, you will receive a brief recapitulation of the
steps which have been taken to secure our military defenses. You
will also hear of those things which have been attempted and likewise
of the insurmountable difftculties which in this respect have impeded
the administration. From these significant facts it will prove no
difficult task for your honorable body to deduce the results which
must be consummated in order that Texas may become proof against
peril and strengthened in the power to aid in the establishment of the
General Government.

Among the first and most important duties devolving upon the
Executive was to raise the regiment required by the ordinance of the
convention to provide in part for the military defense of the State.
Enrolling officers were appointed in different sections of the State,
and the number of companies necessary to make up the force were
speedily obtained. The greatest dispatch was required in procuring
these troops, it being important to have them in the field by the time
the U. S. forces, then on our frontier, should be withdrawn, their
removal being inevitable in consequence of our withdrawal from the
Union. San Antonio was named as the place for the concentration
of the regiment, and the colonel selected to command it ordered to
repair thither and superintend its organization. The exigencies
of the service, however, not permitting his absence at the time from
his position on the Rio Grande, the remaining field officers were
required to supply his place in the preparation of the regiment for the
service. This is a mounted force and of all troops the most expensive,
and to serve for twelve months from the time of enlistment. To save
the State immense cost of its maintenance and combine our military
defenses in the same hands, induced an early effort on the part of the
Executive to procure its transfer to the Confederate Government. In
order to more successfully and immediately carry out this design
General James H. Rogers, who was about to visit Montgomery, the
seat of Government, was intrusted with its accomplishment and fur-
nished with the necessary authority, and such instructions as were
deemed essential. By prompt and energetic attention to the sub-
ject, and aided by the representations of others of our citizens who
happened to be present, he succeeded in getting the Honorable Secre-
tary of War to accept the regiment. Of this result due notice was
given to the Executive, and upon the organization of the command it
was mustered into the Confederate service, the authorities of Texas
being thereby relieved of all further connection with it. It may
devolve upon the State to provide for the expenses incurred from the
incipiency of this regiment up to the date of its transfer, but it is
believed that these expenses are. covered by a recent law of the
General Government and that the State will be reimbursed.

War having actually commenced between the United States and the
Confederacy, the immense increase of business of a militaiy character

CONFEDERATE AUTHORITIES. 715

arising out of this condition of things rendered it necessary to put
into active operation the office of adjutant-general. The labors of this
office have been very extensive and beneficial, notwithstanding the
fact that they have been performed under lame and inefficient laws.
The results may readily be seen in the present organized condition of
our military strength. In the present crisis it is a very important
branch of the public service, and that you may be the bettor informed
as to its past trasactions and of its future requirements, I respectfully
refer you to the very explicit report of the adjutant-general herewith
transmitted (Doc. A).*

The encampment of U. S. forces near Indianola became early in the
administration an object of attention. These troops were departing
from the State by virtue of an agreement between General Twiggs
and the commissioners of the convention. In confoi-mity Avith these
stipulations they were to retain a full complement of arms and ammu-
nition. Thus provided, they had collected to the extent of several
companies at Green Lake under the pretense of awaiting transporta-
tion from our shores. From the threatening aspect which affairs had
assumed it was not improbable that the Federal Government would
order these 600 or 700 well-appointed troops to take possession of and
hold this sea-port, to our very serious disadvantage. Therefore it was
deemed a matter of policy, if not of absolute necessity, to require
their immediate embarkation in compliance with the terms of the
agreement before mentioned. Accordingly a commission under the
immediate control of the adjutant-general was authorized to make
this demand, and if it was not complied with to call out a force suf-
ficient to capture and disarm them. This commission was proceed-
ing promptly to the discharge of its duty when the opportune arrival
of General Van Dorn, with full authority to effect this same purpose,
superseded the necessity of further action on its part.

The vulnerability of the sea-coast was now an object of earnest
solicitude, and it was the duty of the Executive of Texas to urge its
defense upon the Confederate Government. This Avas done and the
President requested to send immediately a competent engineer to make
an examination and report upon those fortifications which were nec-
essary. In the meantime the precautionary measures were taken of
sending several hundred stand of arms from those seized at San Antonio,
to be used in the defense of Matagorda Bay and Galveston Island.
Steps were taken at the same time to have the heavy guns which had
been captured at Fort Clark conveyed to the coast. About this time
the able Confederate officer who had been designated to command the
military department arrived. Thus rested an important subject in
appropriate hands and relieved the State of that which she had not the
power to accomplish. As an efficient step to secure the military defenses
of our northern border. Col. W. C. Young was authorized to raise a
regiment of cavalry. This movement was demanded by the probability
of an invasion in this quarter. Difficulties accumulating in the States
north of us, it became necessary to increase this force, and accord-
ingly three additional regiments were raised similar to the first. If
an invasion had been projected toward us, it seemed to be the policy
of Texas to meet it as far as possible from her own limits. With a
view to this purpose. Colonel Flournoy was sent as a special commis-
sioner to the Governor of Missouri to concert such measures as the
ability of Texas and the welfare and safety of both States should

* Not found.

716 CORRESPONDENCE, ETC.

justify and demand. This mission, although it prodticed no imme-
diate action on the part of the State, was satisfactory in its results.
The report of the same is transmitted to you herewith. * An effort to
have these regiments received into the Confederate service succeeded
and they are now employed in that capacity. The expenses, however,
in consequence of their organization and the time they were retained
i]i the field previous to their reception in the Confederate Army,
devolve upon the State, and it will remain with your honorable body
to adopt measures to meet them. It was thought prudent to secure
to the State all the ammunition which could bd obtained from merchants
at this and other points. Therefore it was purchased, a small amount
it is ti"ue, but it is well that it should be in the possession of the State,
by which it may be used as emergencies may require. Some flint-lock
muskets, which had for a long time been the property of the State,
were caused to be altered by contract into percussion muskets and
otherwise improved. They are limited in number but are now equal
in efficiency to the most improved arms of like character. An order
has been issued to have manufactured several pieces of ordnance at
Galveston foundry and also a number at Lavaca. These minute trans-
actions have been mentioned because they were performed* without
authority from the Legislature. Of their propriety it requires neither
explanation nor argument to convince you, and it is only necessary
to bring the action respectfully to your attention in order that you
may approve and sustain it. In the deficiency of an adequate supply
of State arms, and in view of the fact that if it became necessary to
repel an invasion we should be forced to depend upon the private
arms in the hands of individuals, it was determined to ascertain as
far as practicable the number of these upon which we might rely. A
request was issued to the chief justice of each county to institute an
inquiry for this purpose, and the result, as far as it is known, is
highly gratifying. Forming an estimate from the returns which have
already been received, the number of these arms will not fall short of
40,000. With this fact as a basis, your honorable body may, perhaps,
think it judicious to provide the means for having these arms put in
a condition for service and so situated that they can be made available.
Upon the 17th of April a requisition was made upon the Executive
of Texas by the Honorable Secretary of War for 3,000 men, and upon
the 24th of the same month an additional requisition for 5,000 was
received. Those troops wore to be infantry. They were to be organ-
ized and drilled and held in a state of perfect readiness, but were not
to be mustered into service unless it was under a subsequent call.
Proclamations were accordingly issued calling upon the people to
organize themselves into companies. This was done with great prompti-
tude, considering the scattered condition of our population and the
natural aversion to infantry service. The first demand, however, for
their active services was a requisition from the War Department for
twenty companies to go to Virginia. Tlicse companies, which had
been organized in obedience to an order from the Secretary of War
for twelve months, were now required to be mustered in for the Avar.
This change was productive of some dissatisfaction and occasioned
a trivial delaj'. Not much time had elapsed, however, before the
required number of companies were ready, and the Confedera.te ofii-
cer to whom the Executive had been authorized to ]-eport them was
notified of the fact that he could take them under liis control. He

■" Not found.

CONFEDERATE AUTHORITIES. 717

insisted upon certain points of rendezvous, at which they were con-
centrated and mustered into the service of the Confederate States.
With this consummation of course all responsibility of the State
ceased, and if these patriotic soldiers, as has been said, suffered any
unnecessary inconvenience before leaving the State, it M'as not the
fault of the authorities of Texas.

In conformity with the present "militia law," brigadier-generals
were appointed in the thirty-two districts of the State, and they have
been required by repeated and explicit orders to organize the militia.
This has been done by many of the gentlemen appointed and to a very
commendable extent, but it is with regret that the Executive cannot
report a more thorough and complete organization of this force. In
addition to this the people have been urged in different proclamations
to organize themselves into companies and offer their sei-vices to the
Confederate States or to the State through the adjutant-general's
office. Thus we might hope to have soldiers ready for Confederate
service whenever that Government required them and a reserve corps
of many thousands to preserve the inviolability of our own soil. In
order to facilitate this organization it was thought advantageous to
invite these companies into camps of instruction, there to remain long
enough to fix their respective organizations and to acquire at least the
elementary principles of drill and discipline. For this temporary life
in camp the soldiers were to receive no pay, and the patriotism of the
people which had manifested a strong desire to express itself in this
respect would be relied upon to support them. These camps were
successful only to a limited extent. Various causes conspired to pre-
vent in some instances their formation and in others to render them
but of short duration. The movement was an experiment, and although
it did not meet with that success which would have advanced to a
great degree the military condition of the State, yet it has been pro-
ductive of some advantages and has imposed upon the State but a
trivial pecuniary obligation. No practicable means have been left
untried to form into military companies all' the able-bodied men in
Texas. The people have been appealed to directly by the Executive
and by many individuals appointed by him for that purpose to
organize into companies of some character, get the best arms they
could obtain, and inform the authorities of the State of their localities
and condition. It will readily be understood that efforts of this
character must have encountered difftculties numerous and not
insignificant, and have often proven futile as they were informal.
Among the most general of the difiiculties was the fact that the troops
were to a great extent required to be infantry. The predilection of
Texans for cavalry service, founded as it is upon their peerless horse-
manship, is so powerful that they are unwilling in many instances to
engage in service of any other description unless required by actual
necessity. This passion for mounted service is manifest in the fact
tliat no call for cavalry has yet been made which has not been com-
plied with almost instantaneously, and there are companies of this
character now throughout the State which are eager for service.

An additional fact to which the serious attention of the legislative
body of the State is especially directed is that military organizations
have taken place within the limits of Texas without the authority or
knowledge of her Executive. Various gentlemen have been author-
ized by those at the head of the Confederate Government to raise
regiments without the intervention or cognizance of State authorities.

718 CORRESPONDENCE, ETC.

This action has been emphatically objected to through the Texas
delegation at Richmond, but the objection has not been heeded.
State troops are organized with some reference to system. There is
a formal way of placing such troops in the service, and there is
another way which is informal, if not unjust. The State Executive
should at least be officially informed of any movements of this char-
acter which the General Government may see fit to inaugurate within
his jurisdiction as Governor. The inevitable consequence of this
policy has been that organizations, completed in obedience to original
requisitions from the Secretary of War, have been seriously injured,
if not altogether disorganized, by these independent movements, and
if subsequent demands liave not been as expeditiously complied with
as they should have been the deficiency is chiefly attributable to this
fact.

Another serious obstacle has been the want of legislative authority
and of the material resources for placing volunteers in an organized
and effective condition. The present militia law — as all other laws
made for similar purposes in time of peace — is impracticable in its
character and unwieldy in its operations. The efforts which have
been made under its provisions have disclosed the fact that it is
ill adapted to the necessities of an actual war. It will be the duty
of your honorable body to remedy the defects of this law and to
render it more useful in accomplishing the object for which it was
intended. The last serious obstacle to the militiiry operations of the
State which will be mentioned is the fact that the previous Legisla-
tui-e did not have a full appreciation of the greatness of the conflict
upon the threshold of which we then stood. We could all see the
triumphant and majestic Confederacy of States down the vista of the
not distant future, but all did not realize a sense of the trial and
struggle through which we were to pass. Hence it was that the hon-
orable body to which I allude made no provision for the contest into
which we are now plunged, and those things which have been accom-
plished have been done to a great extent without tlie sanction of
positive legislation and upon the responsibility of the Executive.
But, not regarding all the difficulties which have impeded the action
of the State and looking only to those results which have been
attained by the spontaneous action of the people, we have reason for
congratulation upon the past and for additional self-reliance in the
future. Twenty thousand Texans are now battling for the rights of
our new-born but gigantic Government. They are waiting to win
fresh laurels in heroic old Virginia. They are ready to aid in lifting
the yoke from Kentucky's prostrate neck, and are marshaled in
defense of the sovereignty of Missouri. They have covered with a
brilliant glory the plains of New Mexico, and are formed in a cordon
of safety around the border of our own great State. If such positive
results have sprung from the spontaneous action of the people, what
may wo hope will not be accomplished when the entire latent forces
of the State are shaped into system and efficiency ? The number of
able-bodied fighting men in the State, forming an estimate from all
the data which can be commanded, is more than 100,000. What,
then, is required is a definite, practical legislation that will enable
this mass to be commanded and provide for the formation of such a
military system as our necessities require. For the accomplishment
of this object the Executive does not feel authorized to commend to
you any particular line of policy. That can be best determined upon
by the superior wisdom of your honorable body.

CONFEDERATE AUTHORITIES. 719

In February last the Committee on Public Safety, acting with full
power under an ordinance of the convention, sent some troops to Fort
Brown and other points on the Lower Rio Grande. These companies
were mustered into the service of the State for six months. An oppor-
tunity was subsequently extended to them of being received into the
Confederate Army. This they refused to do and were therefore State
troops to the time of the expiration of their term of service. Just
before the time of their enlistment was completed Col. Charles Loven-
skiold was sent as a special agent to the Rio Grande to ascertain their
condition, investigate the causes of certain disaffection which was said
to exist, muster them out of service, and have them transported to Vic-
toria. This agent has thus far discharged his duty with signal prompt-
itude and ability. The business, however, has proved one of such
extent that he has not yet completed it sufficiently to make his iinal
report. These troops, which have undergone many hardships and
privations, coiild not be paid even in treasury warrants. There was
only the power to issue to them certificates of debt, and their payment
is a subject to which the early attention of the Legislature is invited.
Some complaints have reached the Executive to the effect that this
command has suffered from the negligence of the authorities of the
State. These troops had been sent out on a suddenly conceived expe-
dition and without that thorough organization of the quartermaster's
and commissary departments so essential for a lengthy station in an
isolated locality. They were under the management of an accom-
plished commander, who doubtless adopted every possible means to
insure their comfort. The reports from this officer indicate occasion-
ally an approaching want of supplies, but in many of them he announces
having made temporary arrangements, and upon the 30th of Jvine he
says: " We have supplies enough on hand for two months to come,"
which time would complete the period for. which the troops were
enlisted. These facts, in addition to the one that the Legislature had
made no provision for the purchase and transportation of supplies to
this command, will permit nothing reprehensible to attach to the
authorities of the State in regard to it.

By act of the last Legislature the Governor was required to negotiate
a loan of SI, 000,000 by having the bonds of the State to that amount
executed and placed in the hands of an agent to be sold from time to
time, and the proceeds of sale deposited in some bank in the city of
New Orleans. It was attempted promptly to carry out the requirements
of this law by the appointment, as agent of the State to negotiate the
loan, of General E. B. Nichols, of Galveston. He was, as will be seen by
documents (Doc. B) herewith submitted,* properly accredited for the
purposes of his mission and fully instructed as to his powers and duties.
He has only partially succeeded. The bonds to be procured have
reached this department and are now deposited in the treasurer's office.
He, however, did not succeed in negotiating the loan or any portion of
the same. His report shows the causes— consequent upon the financial
depression of the country— which operated against the accomplishment
of the desired object. This matter is commended to the consideration
of your honorable body for such action as you may deem necessary.
The law is still in force and the authority to the agent unrevoked.
Whether or not the existing condition of affairs will justify the con-
tinuance of the effort to carry out the intention of the Legislature m
this respect is a question which addresses itself forcibly to your deter-
mination. In obedience to this same law there is now being collected

* Not found.

720 COKEESPONDENCE, ETC.

the tax imposed for the payment of the interest to accrue upon the
bonds which might be negotiated. This tax cannot be diverted to any
other purpose from the one for which it was intended by the law. The
question then arises, provided the object of the act is not attained,
whether or not it is essential to the public interest to enforce its col-
lection.

By an act of the same session with the one already noticed, you will
perceive that for the purpose of securing means for the payment of
certain debts created by authority of the convention the Executive
was required to borrow the sum of $90,000 for twelve months, the
interest not to exceed 12 per cent.; and if necessary he was further
authorized to mthdraw bonds of the Texas and Central Railroad Com-
pany to the amount of $150,000, and hypothecate them for payment
of the principal and interest of the loan. Documents herewith sub-
mitted* will show the steps taken to comply with the object of this
law. The required amount of bonds, as above specified, were delivered
to General Nichols for the object contemplated in the act. They
were deposited by him in the Citizens' Bank of New Orleans, where
they still remain. He will, when opportunity may offer, withdraw the
bonds and return them to the proper offtce at this place, unless other-
wise instructed. No portion of this loan has been obtained. The
heads of the different departments of the Government have extended
to the Executive their constant co-operation and advice, and have
been to him of very great service, for which he acknowledges his deep
indebtedness. Their very able and satisfactory reports are submitted
to you with this communication. To them you are referred for specific
details and suggestions connected with their respective departments.
You are especially referred to the comprehensive facts and sound
suggestions embraced in the report of the honorable comptroller. The
question of finance is at all times the one of primary importance with
a legislative body, but never before in the history of Texas has it
possessed such surpassing importance and at the same time been
environed by so many difBculties.

!p !p Sp 't" ^ «p 9f«

The blockade of our ports, cutting off the iisua! sources of supply of
manufactured goods, and the increased demand for such fabrics con-
sequent upon retaining a large number of troops in the field, directed
the attention of the Executive to the manufacturing power of tliis
institution, f Its managers were requested to apply the whole of their
available force to the fabrication of goods for military purposes. This
has been assiduously done. Would it not be a wise policy for the
Legislature to take steps to purchase all goods made at this institution
suitable for the use of our troops, or to make an appropriation for its
support and take possession of all its fabrics of the required class ?
By these means the State may be able to a great degree to clothe the
soldiers of Texas who may be in the field. Thus you may be able to
comply with the prudent suggestion of the Secretary of War contained
in a letter which is submitted to you. This communication advises
that this State supply her own troops with clothing and receive for
the same the commutation of $25 for every six months' clothing fur-
nished to each soldier. State agency in this respect will prove more
efficient than the operations of the" General Government, and the sub-
ject is well worthy of your consideration. By act of Congress (Doc.

*Not found. f The State penitentiary.

CONFEDERATE AUTHORITIES. 721

H)* all claims incurred by the several States of the Confederacy aris-
ing from the circumstances which impelled their action previous and
subsequent to their several acts of secession are assumed by the Con-
federate Government. The act, however, requires the Govei'nors of
the respective States to forward the claims to the Secretary of the
Treasury, in order that they may be audited. They will have to be
collected and thrown into shape by the several States, and for this
purpose some provision having such object in view should commend
itself to your consideration.

In compliance with a joint resolution of the Legislature "pro-
viding for the turning over of property now in the possession of
the State, lately taken from the United States Government, to the
Confederate States Government," and upon the arrival of the agents
of the Confederate States, the ordnance and inspector-general and
quartermaster-general, designated by the convention to take con-
trol of all such property, were ordered to turn it over to the proper
agents. The property in charge of the ordnance and inspector-
general was promptlj' transferred and the required schedule and
receipts filed with the comptroller. It was impossible that the work
of the quartermaster-general should be so rapidly completed. The
property under his charge was turned over en masse in order to facil-
itate the operations of tlie Confederate Government in this depart-
ment, but a considerable time has been required to receive and take
receipts for the same, accompanied by schedules specifying each item
and its condition. The gentleman upon whom devolved the duties of
this office has discharged them faithfully and ably, but the immense
amount of property which he was required to transfer and the extent
of country over which it was scattered have protracted the operations
of his office. His report is herewith submitted (Doc. I).t

An ordinance of the convention appointed Maj. Ben. McCuUoch
to purchase or otherwise obtain for the State ot Texas 1,000 Colt
revolvers and 1,000 Morse rifles, or a like number of such other
weapons of a similar character as he might approve and obtain. He
entered promptly upon his mission, but found it impossible to pro-
cure the rifles. The pistols, however, were secured, and have been
of great service in arming the regiment called out by the convention.
The claim for these arms, which is about $25,000, is due to a citizen
of the Government with which we are at war, and it will devolve
upon the Legislature to determine upon its adjustment. Some stren-
uous exertions have been made by the Executive to procure an
additional supply of arms for the State, but this subject it is deemed
prudent to make the substance of a special report to your honorable

^ody. . , , , .^ .

Gentlemen, having fulfilled my constitutional duty, it is now my
privilege to commit the government into vour hands and into those of
the distinguished gentleman whom my fellow-citizens have chosen to
succeed me, and who will co-operate with you in your future legisla-
tion. In the foregoing communication I have said only those things
which the propriety of my situation would permit and which the most
important necessities of the government demanded. It was sufficient
that I should convey to you a succinct statement of the significant

* Not found herewith, but see act of August 30, 1861, p. 585.
t Not found.
46 R R — SERIES IV, VOL I

722

transactions which have transpired since the occasion upon which I
assumed the responsibility of acting as Chief Magistrate of this State.
There are many more things which I might have said. It was no
diffteult task to indulge in reflections and to amplify recommendations.
But we are in the beginning of an age of action. What you require
are facts. Your wisdom will enable you to mold them into law, and
your freshness from the great source of all law and all sovereignty —
the people — will cause you to conform your actions to their will. The
realities of a great war in which we are engaged will require the exer-
cise of all your financial ability, all your military skill and devotion
to the public welfare. I am confident that you will display all these
qualities, at the same time that you will rely unwaveringly upon
"Him who doeth all things well." Thus will the fruits of your labors
soon be peaceful independence and a prosperous State.

EDWARD CLARK.

Ordnance Department of Virginia,

November 2, 1861.
His Excellency Governor Letcher:

Sir: I understand that a number of Virginia manufactured muskets
made at the armory here many years ago, and that have been issued
from this department, are being gathered into the Confederate
Ordnance Department to be altered into percussion, and, as I may
suppose, to be reissued to troops generally as an iss\ie from the Con-
federate States. Now, there is no objection to these arms going into
the field to any troops if Virginia has the credit of such issue. As
there is to be a final settlement between all the States of the South,
when the value of all issues will be an element of credit to the State
issuing, if Virginia's arms are to be issued by the Confederate author-
ities the State is not only deprived of the credit due her, but the issue
thus made will become in part a charge upon her in the final settle-
ment. Virginia has issued 10,000 percussion muskets. United States,
and 50,000 Virginia flint-lock muskets, these last plainly known bj' the
stamp "Virginia" upon the lock. I think it but fair to this State
that the Ordnance Department of the Confederate Army be instructed
by the Honorable Secretary of War to turn over to this department
all thus marked, that I may put them in good order for reissue. In
addition to the Virginia flint-locks this State has issued 10,000 U. S.
flint-locks, which she received from the Federal Government years
ago. These have no distinctive mark, and therefore cannot be recog-
nized as belonging to this State; yet, as they are also coming in to be
altered for reissue, ought not a due proportion of these be turned
over to this department, when they fall into the hands of the Con-
federate Department, for like reasons? My impression is that but
very few of flint-lock muskets have gone into the field except from
Virginia. If this be so, then all flint-lock muskets gathered into the
Ordnance Department of the Confederate States should be turned
over to this armory, that they be put in order and held subject to
proper order. This is a matter of large consideration, and I think
that if the Honorable Secretary of War is made to understand it he
will correct the wrong.

I am, very respectfully,

C. DIMMOCK,
Chief of Ordnance of Virginia.

CONPEDEEATE AUTHORITIES. 723

[November 3, 1861.— For A. S. Johnston to Harris, in relation to
troops furnished by the State of Tennessee, see Series I Vol IV
p. 505.] '

[November 5, 1861.— For Milton to Benjamin, offering to raise two
more regiments in Florida, see Series I, Vol. VI, p. 308.]

[November 5, 1861.— For Harris to A. S. Johnston, in relation to
troops furnished by State of Tennessee, see Series I, Vol. IV, p. 518.]

Richmond, Va., November 6, 1861.
Bishop Meade, of Virginia:

Sir: I have the honor to acknowledge the receipt of your letter of
the 4th and 6th instant, in which you ask the discharge of young men
in the Army who are candidates for the ministry. While recognizing
the importance of your request to the well being of society, I am
compelled by the necessities of the public defense to decline to make
the proposed exception to the general rule governing the discharge
of soldiers.

Very respectfully, yours,

JEFF'N DAVIS.

General Orders, ) Adjt. and Insp. General's Office,

No. 17. \ Bichmond, Va., November 7, 1861.

Paragraphs IV and V, Army Regulations, published for guidance
of the Army, August, 1861, are modified as follows:

IV. Whenever a non-commissioned officer or soldier shall be unfit
for military service in consequence of wounds, disease, or infirmity,
his captain shall forward through the commander of the regiment or
battalion to the brigade commander, or other officer next higher in
rank to the commander of the regiment or battalion, a statement of
the case, with a "certificate of disability" signed by the medical
of&cer having charge of the invalid, with a recommendation for dis-
charge or furlough, as the case may require ; and if the recommenda-
tion be approved the authority for discharge or furlough shall be
indorsed on the "certificate of disability," which shall then be
returned to the commanding officer of the regiment or baftalion, who
will cause the proper papers to be made out — final statements and dis-
charge in the first case, furloughs and descriptive rolls in the second.
The certificate of disability, properly indorsed in case of discharge,
will be forwarded by commanding officer to Adjutant and Inspector
General.

V. Where invalids are absent from their regiments or companies
in hospitals, the surgeon in charge will make out certificates of dis-
ability in all cases of disease likely to prove of long continuance and
forward them to commanding officer of regiment or battalion to which
the invalid belongs for reference, as prescribed in preceding paragraph.

By order of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

724 COEKESPONDENCE, ETC.

[NOVEMBEE 7, 1861. — For Milton to Benjamin, in regard to the
organization of troops in Florida, see Series I, Vol. LIII, p. 185.]

Richmond, Fredeeicksbueg and Potomac R. R. Co.,

President's Office,
Richmond, November 10, 1861.
Hon. J. P. Benjamin,

Secretary of War:

Dear Sir: Upon the seizure, on the 19th of April last, of the
Potomac River steam-boats by the Lincoln Government, in accordance
with suggestions which I then made to General R. E. Lee, then com-
manding the forces of this State, and which he adopted in a circular
issued by him to the railroad companies of this State, various pre-
cautionary measures were adopted by this company to place this road
in a state of defense against the designs of the enemy and to make it
most useful to our Government. Among these was the employment
at all of the bridges on the road of armed guards where none had been
employed before, and of additional ones where any had been before
employed, for the protection of those important structures from the
incendiary designs of secret enemies and emissaries employed by the
enemy. After continuing their employment some four months at the
exclusive cost of this company, the Government having declined to
defray any part of that cost, or even to furnish arms or ammunition
for those guards, the Government then having troops at several points
on the road, with the command of the militia along its whole length,
and the expense to this company being too burdensome to be con-
tinued, I addressed a note to General Lee apprising him that at the
end of that month the employment of these additional guards would
be discontinued on this road, and suggested that of the troops stationed
at different camps along the road, or from the militia of the counties
through which it passes, guards for day and night sentry duty at each
railroad bridge should be regularly detailed by the officers immediately
in command of those troops. No reply was ever received to this note.
The recent destruction of the railroad bridges in East Tennessee
induces me to renew to you the suggestion made to General Lee, not
only as to this railroad, the sole railroad connecting the Lower Poto-
mac with the seat of Government, headquarters and general rendez-
vous of the Army, and with the South, but also as to the other railroads
in the Confederate States now so essential to the public service. It is
true that all are not like the East Tennessee railroads, surrounded by
a population largely disloyal, but in the most loj'^al sections of the
country there may be secret enemies and employes of the enemy who
in the solitude of the country and darkness of night may, by burning
these bridges with impunity, inflict most disastrous blows upon the
siiccess of our arms, and earn of the Lincoln Government ample
rewards for treachery. The destruction of one or two bridges on this
road would cut off railroad communication with the Lower Poto-
mac and cripple that with the Upper Potomac also, as this road
furnishes transportation for troops and supplies over the Central
Railroad also, which also has an important bridge within twentj'-five
miles of Richmond. The destruction of the East Tennessee railroad
bridges leaves now for army transportation but one railroad route to
the south and southwest. The destruction of either of the long
bridges over the James or Roanoke Rivers (to say nothing of the

CONFEDERATE AUTHORITIES. 725

lesser ones) would deprive you of that sole remaining route. The
expense of this arrangement to the Government would be, if anything
additional to its necessary pay of the troops who might otherwise be
idle, trivial compared with the importance of the security attained,
while It would be an intolerable burden to the railroad companies,
who could not employ the same number of men for less than double
the wages paid to soldiers, amounting to many times the cost of
insurance, and who in the performance of an enormous amount of trans-
portation for the Government at half or less than half tolls, and often
at a considerable loss, with the wear and destruction of their machin-
ery, not to be replaced at scarcely any cost, and the many times
multiplied cost of all their materials and supplies, are, and hiive been,
making sacrifices for the public good which have no parallel in the
country, and may exhaust their means of maintenance before the onO
of the existing war.

With much respect, your obedient servant,

P. V. DANIEL, Jr.,
President Richmond, Fredericksbv/rg and Potomac E. R. Co.

[November 11, 1861.— For Secretary of War to Harris, in relation
to the numerical designation of Tennessee organizations, see Series I,
Vol. LII, Part II, p. 205.]

Executive Department,
Austin, Tex., November 15, 1861.
Gentlemen of the Senate and House op Representatives:

You have assembled at the capitol at a time when it will require all
of your ability and patriotism to sustain the State in her present proud
position, give protection and securitytothepeople, place her financial
affairs on a sound basis, and give that strength to the Government of
the Confederate States as may reasonablj^ be expected from a State so
powerful as Texas. From the inception of the present troubles to
this period Texas has been keenly alive to her own security and fully
up to the expectations of her sister States in her efforts for the gen-
eral welfare. As was natural, the people of this State determined
that they never would submit to have their own rights or the rights
of the State government absorbed by a fanatical Government, fast
drifting to centralism and all the evils incident to a system based on
laws higher than the Constitution. So soon as it was ascertained that
our once prosperous country had been placed under the' administra-
tion of the Black Republican party, it was at once decided by the
almost unanimous voice of the country that secession from the Gov-
ernment of the United States was not only a right possessed, but a
great political necessity. The separation of the two Governments
was effected by the resumption on the part of Texas of the powers
she had delegated to the Federal Government. The people of the
Northern States, who had time and again asserted that the States of
the South could not be driven from the Union, declaring that if they
desired to secede they should be permitted to do so, when secession
became an established fact, were suddenly seized witli the conviction
that the Union was a perpetual one; the right of secession was denied,
and the policy adopted that the Southern States should be forced to
remain and continue to paj' tribute to the North, as they had been
doing since the formation of the Government, or else be subjugated

726

and governed as conquered provinces. As a consequence war ensued.
The condition of the public mind at the North, as exhibited through
the triumph of Black Republicanism, should have been a sufficient
warning that we should expect nothing less. Nevertheless, the storm
came upon us when we were but illy prepared to meet it, and although
you are here, gentlemen, in attendance at the capitol, performing the
duties assigned you by the constitution without hindrance or moles-
tation, yet we are in the midst of a most unnatural war, waged by our
most unnatural enemies, and to-day your fellow-citizens, to the num-
ber of 20,000, are in the tented field. This being but the beginning
of the war, we know not how soon we may be called upon for 20,000
more. Our people have nobly responded to the call of their Govern-
ment, and with eagerness rushed to the field of conflict. I am happy
to say that Texas can and will double the number of her men in the
field whenever informed of the necessity.

No Legislature of any State has ever been called upon to act under
more embarrassing circumstances than those which surroundyou. The
State heretofore resting in that security which characterizes all power-
ful governments in times of profound peace, with no prospect of war,
had, in pursuance of a generous and liberal policy, appropriated of
her large means to purposes of education, internal improvements, and
other objects of general usefulness, in consequence of which you find
at this time, when a full treasury is so much needed, the State gov-
ernment absolutely without a dollar subject to the appropriation for
the purpose of carrying on the civil affairs, or of placing the State in
the condition of security against the invasion of the enemy. Hence
it will require your deepest wisdom and most patient exertions to
sustain your State in the present crisis, because, gentlemen, it devolves
on you not only to provide the means for the support of the civil gov-
ernment and to pay her outside military debt, but also to devise and
adopt such measiires as will enable Texas to perform her duty toward
the Government of the Confederate States, and thus, to the extent of
her ability, enable those in authority to conduct the war with vigor
and prosecute it to a successful termination. You will appreciate the
reasons why I am under the necessity of commiinieating to you, in a
crude and hasty manner, the present condition of the government
and my present undigested views as to the course of policy to be
adopted by you for the advancement of the general interest. There
being no public printer has thrown into my hands a mass of manu-
script from the heads of the various departments, which can be mas-
tered only after much labor and consumption of time. Believing that
you were desii-ous of hearing from the Executive at the earliest day
practicable, I have prepared this communication with the greatest
dispatch in my power. If, after I become more familiar with the
wants of the government by a careful and minute examination of the
reports of the departments, I deem it necessary to communicate with
yoii, I will take pleasure in laying my views before you and giving you
such information as may have been acquired.

Our Indian troubles should occupy your attention. Since the with-
drawal of Texas from the Government of the United States and the
adoption of the system by the Confederate Government of defending
the frontier by regiments of mounted men, comi)arative quiet in that
quarter has prevailed. It, however, is now no xmfrequent occurrence
to hear of murders being committed and property stolen by our
Indian enemies. It has been my opinion for years past that we will
never live in peace 'with the Indians until they are convinced that we

CONFEDERATE AUTHORITIES. 727

are not alone able, but disposed, to chastise them when they commit
depredations. A civilized government conld not be expected to make
treaties with those with whom it is at war so long as success attended
its arms. Much less can it be hoped of a savage foe, who believe that
they are superior in the mode of warfare pursued. It is my deliberate
opinion that we will never have treaties with the Indians on our bor-
der on which we can rely, until they are made to feel the blighting
effects of war visited upon them at their own homes and around their
own firesides. I am very loath at this time to express any dissatisfac-
tion at what the Confederate States Government is attempting in the
way of defending and protecting our frontier, knowing as I do that
its every desire is to accomplish good for our Confederacy; yet I must
be permitted to say that I have no faith in the policy heretofore
pursued with what are called reserve Indians. If the Government
is settled in its policy to retain those Indians on reserves for the pur-
pose of protecting, civilizing, and supporting them, they should be
confined strictly to the territory provided for them, and on it clothed,
fed, civilized, and protected. While they are permitted to leave the
boundaries of the reserves to engage in hunting and to war with other
tribes, just so long will they continue to visit our soil and come in
conflict with our citizens. They should not be permitted under any
guise whatever to visit our State, and I invoke you to declare by
positive enactment that whenever and wherever found on our soil
they will be deemed and treated as enemies. They have been the
source of so many troubles on our frontier that it will require years
for the people to forget their numerous atrocities. It is not hazard-
ing too much to say that the citizens of Texas are better acquainted
Avith the Indian character than those living in the more eastern
States, and are, therefore, better qualified to suggest an efficient
plan of defense against the hostile tribes.

In consequence of this fact I most respectfully suggest that you
adopt some system for frontier protection best suited to our situation
and the requirements of the country, and urge its immediate adop-
tion, through our members of Congress, by the Government of the
Confederate States. Under the existing state of the country in case
of an invasion we must rely almost entirely on the militia of the
State. I have no doubt that the great mass of the people would
promptly respond to any call made upon them to defend the soil on
which they live, but in order that their patriotism and valor may be
etticient to successfully defend the State the men must be disciplined
and fitted for actual war. Hence it becomes imperatively necessary
that the revising of the militia law should engage your early atten-
tion. It has been clearly demonstrated in the last few months that
the existing law does not meet the emergency ; it is in many instances
unwieldy and defective. A law, simple in foi-in and easy of execu-
tion, is demanded under which every able-bodied man in the State
liable to do military duty shall be enrolled, disciplined, and placed
under the command of good and efficient officers. To effect this the
law must be a stringent one that will bear heavily on those who fail
to discharge their duties, as well officers as men. Througli the
efforts of the late adjutant-general a partial organization of the
militia has already been effected, and I would suggest that in fram-
ing a new law or in amending the present one you will preserve
the present organization as far as is practicable with the public
interest. I would also suggest tliat you subject to militia duty every
able-bodied man in tlic Slati; between the ages of seventeen and fifty
vears.

728

In connection with the siibject of public defense I deem it my duty
to call the attention of your honorable bodies to the exposed condition
of our Gulf coast. And while I feel every confidence that the Gov-
ernment of the Confederate States will use every exertion for the
defense of our coast, yet it is certain that without the heavy guns
necessary for that object but comparatively little can be done. The
recent experiment made to forward cannon from the State of Louisiana
demonstrates that we will have to rely exclusively on such heavy ord-
nance as may be now in the State, or such as can be made within
the limits of the State. We have amongst us many citizens who under-
stand the manufacture of cannon and of small-arms, and we have
also quite a number of foundries in the State. We have in Cass and
Bowie Counties, and it is believed in other localities, iron of a quality
well adapted to the purpose, and steps should be taken for the
encouragement of the manufacture of these weapons, indispensable
to our defense. Legislation providing for the manufacture of these
arms is necessary. Contracts might be made for that purpose, or if
deemed best a State foundry might be established at some suitable
point. The subject is one demanding the serious consideration of the
Legislature while we j'et have time to act, and I submit it to you, hop-
ing that it will receive that attention which its importance demands.

In consequence of the blockade of our ports, the penitentiary has
become very essential in supplying fabrics so much needed for
the comfort of our troops. Upon this subject I beg leave to call your
attention to the suggestions of my immediate predecessor. I also
recommend that the suggestions of the comptroller, relative to the
management of the finances of that institution, be adopted, and that
the receiving and disbursing offtcers be required to report to and
settle their accounts with the comptroller semi-annually. I would
advise that in addition to the business at present carried on in the
penitentiary, the directors be authorized, so soon as practicable, to
establish a tannery, shoe factory, and hat manufactory, all of which
would prove beneficial to the public service. I beg leave to call your
attention to the very able report of the late adjutant-general, by which
it will be seen that under the orders of my immediate predecessor the
ofBce went into active operation on the 1st day of May, 1861. War
actually existing, it was deemed necessary that an organization of the
militia should be effected. The duties of quartermaster-general,
commissary-general, and ordnance offtcer were discharged by the
adjutant-general. The necessity which called this ofl&ce into active
operation still exists. Under the militia law creating the office of
adjutant-general the salary of that ofiScer is merely nominal, unless
he be called into active service. Since the 1st of May last the adju-
tant-general, through the construction placed on the law, has been
receiving pay as a colonel of infantry, amounting to $2,120 per annum.
Not being satisfied as to the correctness of that construction, I will
be pleased (if you deem it proper to continue the adjutant-general in
active service during the war) that you fix the amount of pay he is to
receive. And in order to that [sic] the services of an officer compe-
tent to discharge the duties of the post, varied and important as they
are, I would recommend that the salary be fixed at the sum of $2,000
per annum.

It will be seen by the report of the adjutant-general that there is in
the hands of private parties in different parts of the State a large
number of firearms, the property of the State. I deem it essential at

CONFEDERATE AUTHORITIES. 729

this time that you should adopt some rigid measure requiring such
parties, under an adequate penalty, to return all such property to the
office of the adjutant-general or deposit it in the hands of the chief
justices of their respective counties, subject to the order of the adju-
tant-general. There remains in the hands of the adjutant-general
property of a perishable nature, including principally a number of
horses and mules which are not now, nor are they likely to be, of any
immediate use to the State. This property if retained will become
a heavy charge. It would be well that all of said property be sold by
the adjutant-general at public sale, the proceeds received in treasury
warrants and paid into the treasury. By an act of the Congress of
the Confederate States that Government assumes to pay all the debts
incurred by the several States incident to their secession from the
Government of the United States. Texas, as one of the seceding
States, ^vill have a large claim against the Confederate Government
under that law. Prudence demands that you adopt such measures as
will speedily collect the testimony necessary to establish our claim, in
order that it may be promptly examined and audited by that Govern-
ment. You will see by referring to the report of the secretary of state
that there remain on deposit in that of&ce some 1,600 or 1,800 volumes
of Oldham & White's Digests over and above the number requisite to
furnish all those entitled to them by law. In view of the fact that
the constitution requires a new digest of all the laws, civil and crimi-
nal, to be published within three years from the 2d day of March,
1861, these Digests are likely to become valueless to the State. It is
therefore suggested that the secretary of state be authorized, after
reserving a sufficient number for the use of the State, to sell the
remainder at a price not less than cost.

The committee on public printing reports that, notwithstanding
they complied with the law authorizing the giving of contracts to do
the public printing, they have been unable to secure the services of a
public printer, the parties making the bids failing to execute bond
and give security. It will therefore devolve on j'ou to take such
action as the public interest requires. Permit me to suggest, how-
ever, that an amendment be made to the law regulating the public
printing, requiring parties who bid for the contract to do the work to
accompany their bids with approved guarantees that if their bids are
accepted they will execute bond as the law requires. I would call
your attention to the report of the commissioner of the general land
office, the condition of the public domain, and the suggestions made
relative thereto. The institution for the insane, blind, and deaf and
dumb merit your attention. They have doubtless accomplished much
good, and if properly managed in the future will confer great benefits
on a large number of our unfortunate people and reflect great credit
on the State. Should any legislation be deemed necessary to place
them on a better footing, I will cheerfully co-operate with you and
nive any such measure my most cordial approval.

From the failure of the crops for a series of years past, together
with the pressure of the money market consequent upon the existing
war, the many calls made upon the people for contributions to sustain
our men in the field, and the total inability of efEecting sales of pro-
duce, our citizens have been embarrassed and oppressed to such a
degree that some measure becomes absolutely necessary to protect
them from ruinous sacrifices or utter bankruptcy. I do not deem it
my duty to do more than call your attention to a subject of such vital
importance.

730 CORRESPONDENCE, ETC.

My immediate predecessor has already invited j'our attention to
the condition of the different railroad companies of the State, and
I can but again point you to the report of the comptroller relative
thereto.

It is a matter of paramount importance that the school fund should
be secure, and devoted exclusively to the sacred purpose for which it
was originally designed by the wise foresight of the f ramers of the
constitution. Yet, owing to the many disadvantages that would
result from the purchase by the State of the property mortgaged by
the companies, it would be well for the Legislature to consider the
propriety of extending some relief to these companies. Should it be
deemed advisable that the time should be extended, it will be for the
wisdom of your honorable bodies to devise a mode bj'^ which the prior
lien of the State on these roads will not be in any way jeopardized, the
school fund protected, and our system of internal improvements
perfected. Should such a measure be devised, it would result in
great public good and prevent the consequences which must follow
under the law from the sale contemplated by it.

The finance of the State is at all times a most important question,
and becomes more than ordinarily so in the present crisis. In the condi-
tion of the country at this time, and the consequent derangement of
monetary matters, it would be impossible, even were it good policy, for
the State to negotiate a loan. Our people well understand this, and are
prepared to meet any reasonable demand made upon tliem by way of
taxation. The very able report of the comptroller demands at your
hands the most careful consideration. By it you will see that the
probable receipts for the two fiscal years ending 31st day of August,
186.3, exclusive of the 10 per cent, due to the school fund, amounts to
^976,651.24. The expenditures for the same period of time to support
the civil government amount to $608,810. In addition to this neces-
sary expenditure, he reports that there will be required to liquidate
the estimated indebtedness of the State :

First. For outstanding 10 per cent, treasury warrants issued up to
1st of September, 1861, $290,903.63.

Second. Unaudited claims:

Amount due Colonel Ford's command, on Rio Grande $130, 000

Amount due Col. H. E. McCulloch, on northwestern frontier 20, 000

Amount due Colonel Ford's regiment, raised by convention, while in

State service _ _ 30, 000

Amount due Colonel Dalrymple's command, on northwestern frontier. _ 17, 000

Amount due minute companies for 1860 and 1861. . _ 40, 000

Amount due other service ... 37,000

Amount due obtaining and turning over property belonging to the United

States. _ _ 100,000

Amount due purchase Colt pistols.. __ 25,000

Amount due Gregg's, Parsons', Locke's, and Sims' regiments 250, 000

The audited and unaudited debt, aggregating the sum of $939,903.63,
which, added to the sum necessary to the support of tlie civil govern-
ment, makes the sum of $1,548,713.63, which amount is required for the
support of the civil government to the end of the fiscal year ending
31st of August, 1863, and to liquidate the audited and unaudited debt
of the State, as estimated up to the 1st of September, 1861. It will
thus be seen tliat the sum required for the support of the civil govern-
ment for the two fiscal years ending 31st of August, 1863, and for the
payment of the present outstanding debt of the State, amounts to
$572,062.39 over and above the estimated receipts for the same period
of time. These are demands and expenditures that wo know must be

CONFEDERATE AUTHORITIES. 731

provided for, leaving out of view any additional amounts Texas may
be called on to raise to aid and assist the Confederate Government in
prosecuting the war, and which she may find necessary to expend in
the protection of her own soil. In order to meet the deficit manifested
on the report of the comptroller, he advises an increase of taxation to
25 cents on $100 worth of taxable property in the State, and a reduc-
tion in the price of public lands to 50 cents an acre. I here call your
special attention to this portion of the report, and urge upon you to
give it mature and deliberate consideration, believing as I do that the
sales of public lands, even at the reduced price proposed, will fall far
short of the amount estimated by the comptroller, and that we must
rely almost entirely on taxation. No one regrets more than I do the
necessity of increased taxation at this time of peculiar hardship upon
the people, particularly when I am so well aware that for the past
eight months our citizens, with some exceptions, have responded so
generously and liberally to the support and comfort of the gallant
spirits in the field. But we must bear in mind that we are engaged
in a contest for liberty, equality, and the right of self-government.
To secure these our home and General Government must be sustained
at every sacrifice. Under these circumstances I deem it imperatively
necessary that at least the rate of taxation proposed by the comptroller
should be levied for the relief of the treasury during the next two
years. The present tax for county purposes is deemed sufficient,
inasmuch as they are generally supplied with their public buildings,
and the contingent expenses of the courts being greatly reduced by
their partial suspension. Should, however, any of the counties, from
their spirit of liberality in making advances toward the equipment of
troops and otherwise aiding in the struggle, find it necessary to ask
permission to levy a further tax than that allowed by law, I would
advise a generous consideration of such application. The treasury at
this time having no gold or silver in its vaults, it becomes necessary
for you by legislation to provide means for carrying on the civil gov-
ernment until such time as the treasury shall be in receipt of its usual
revenues.

For this purpose, from the limited information now in my possession,
I can point you to no better mode than the issue of treasury warrants
payable at the treasurer's office out of any moneys not otherwise
appropriated. I would suggest, however, that hereafter the warrants
should be so issued as to bear no interest. The treasury warrants,
now outstanding and bearing 10 per cent, interest, are selling at a
most ruinous discount, and 1 can safely say that the civil government
cannot be supported by the issue of treasury warrants unless you by
some legislation shall cause them to appreciate to at least near their
face value. To accomplish so desirable a result I would suggest to
you to take into consideration the propriety of making all the warrants
heretofore issued, as well as those which may be hereafter issued,
receivable in payment of taxes and for all other public dues of what-
ever nature or kind. Esteeming it as I do the duty of our State, as
well as the duty of every citizen, to sustain by every moans in their
power the credit of the Confederate States, I cannot but recommend
that the treasury notes issued by that Government be by an act of the
Legislature placed on the same footing as the warrants issued by our
State treasury, and that they also be made receivable in payment of
all public dues. .

I am pleased to inform you that it appears from the record m the
executive department that the Legislature of the State of Louisiana

732 CORRESPONDENCE, ETC.

caused to be placed in good order and presented to the State of Texas
the two beautiful guns known as the Twin Sisters, so famous in our
history for services derived from them on the field of San Jacinto. I
trust that the Legislature will acknowledge the kind and complimen-
tary act in an appropriate manner.

Gentlemen, the very able manner in which my immediate predecessor
has detailed to you the many important matters that have transpired
during the late eventful times leaves me nothing more to say. I can-
not conclude, however, without expressing the hope that you will dur-
ing the present session of the Legislature confine your action, as far as
may comport with your ideas of propriety, to matters of general
interest and those laws of pressing necessity. That every endeavor
will be used by you to bear the standard of Texas aloft; that you will
struggle by every means in your power to strengthen the arm of the
Confederate States I feel fully satisfied. And permit me, gentlemen,
to assure you that you shall have my hearty co-operation in all mat-
ters tending toward the generaj welfare. Let us do our duty, and
with the aid of an all- wise and all-seeing Providence our country will
emerge from this unlioly war with a fame world wide and her honor
untarnished.

Very respectfully,

F. R. LUBBOCK.

Mobile, November 16, 1861.
J. P. Benjamin:

I have the pleasure of advising you that the Mobile and Great
Northern Railroad was, according to our contract, put in operation
on yesterday, the 15th instant.

W. D. DUNN,

President.

[November 16 and 18, 1861. — For Clark to Benjamin, in relation
to the organization and disposition of troops in view of the disaflfection
in North Carolina counties bordering on Tennessee, and Benjamin's
reply (21st), see Series I, Vol. LII, Part II, pp. 209, 210, 214.]

[November 16, 1861. — For A. S. Johnston to Harris, in relation to
troops furnished by the State of Tennessee, see Series I, Vol. IV, p.
558.]

[November 17, 1861. — For Brown to Benjamin, urging the impor-
tance of sending troops to the line of Tennessee, to aid in suppressing
revolt in that section, see Series I, Vol. LII, Part II, p. 209.]

Richmond, November 18, 1861.
The Congress of the Confederate States:

The few weeks which have elapsed since your adjournment have
brought us so near the close of the year that we are now able to sum
up its general results. The retrospect is such as should fill the hearts

CONFEDEEATE AUTHOEITIES. 733

of our people with gratitude to Providence for His Mnd interposition
in their behalf. Abundant yields have rewarded the labor of the
agriculturist, whilst the manufacturing industry of the Confederate
States was never so prosperous as now. The necessities of the times
have called into existence new branches of manufactures and given
a fresh impulse to the activity of those heretofore in operation. The
means of the Confederate States for manufacturing the necessaries
and comforts of life within themselves increase as the conflict con-
tinues, and we are gradually becoming index>endent of the rest of the
world for the supply of such military stores and munitions as are
indispensable for war.

The operations of the Army, soon to be partially interrupted by the
approaching winter, have affoiiied a protection to the country and shed
a luster upon its arms through the trying vicissitudes of more than
one arduous campaign which entitle our brave volunteers to our praise
and our gratitude. From its commencement up to the present period
the war has been enlai^ing its proportions and expanding its bounda-
ries so as to include new fields. The conflict now extends from the
shores of the Chesapeake to the confines of Missouri and Arizona;
yet sudden calls from the remotest points for military aid have been
met with promptness enough not only to avert disaster in the face of
superior numbers, but also to roll back the tide of invasion from the
border.

When the war commenced the enemy were possessed of certain
strategic points and strong places within the Confederate States.
They greatly exceeded us in numbers, in available resources, and in the
supplies necessary for war. Military establishmentB had been long
organized and were complete; the Navy, and for the most part the
Army, once common to both, were in their i)OS8ession. To meet all
this we had to create not only an Army in the face of war itself, but
also the military establishments necessary to equip and place it in
the field. It ought indeed to be a subject of gratulation that the
spirit of the volunteers and the patriotism of the people have enabled
us, under Providence, to grapple successfully with these difficulties.
A succession of glorious victories at Bethel, Bull Run, Manassas,
Springfield, Lexington, Leesburg, and Belmont has checked the
wicked invasion which greed of gain and the unhallowed lust of power
brought upon our soil, and has proved that numbers cease to avail
when directed against a people fighting for the sacred right of self-
government and the pri-^eges of freemen. After more than seven
months of war the enemy have not only failed to extend their occu-
pancy of our soil, but new States and Territories have been added
to our Confederacy, whUe, instead of their threatened march of
unchecked conquest, they have been driven, at more than one point,
to assume the defensive, and, upon a fair comparison between the
two belligerents as to men, military means, and financial condition,
the Confederate States are relatively much stronger now than when
the struggle commenced.

Since your adjournment the people of Missonri have conducted the
war in the face of almost unparalleled difficulties with a spirit and
success alike worthy of themselves and of the great cause in which
they are struggling. Since that time Kentucky, too, has become the
theater of active hostilities. The Federal forces have not only refused
to acknowledge her right to be neutral, and have insisted ujwn mak-
ing her a party to the war, but have invaded her for the purpose of
attacking the Confederate States. Outrages of the most despotic

734

character have been perpetrated upon her people; some of her most
eminent citizens have been seized and borne away to languish in for-
eign prisons, without knowing who were their accusers or the specific
charges made against them, while others have been forced to abandon
their homes, families, and propertj', and seek a refuge in distant
lands.

Finding that the Confederate States were about to be invaded
through Kentucky, and that her peojjle, after being deceived into a
mistaken securitj^, were unarmed and in danger of being subjugated
by the Federal forces, our armies were marched into that State to
repel the enemy and prevent their occupation of certain strategic
points which would have given them great advantages in the contest —
a step which was justified not only by the necessities of self-defense
on the part of the Confederate States, but also by a desire to aid the
people of Kentucky. It was never intended by the Confederate Gov-
ernment to conquer or coerce the people of that State; but, on the
contrary, it Avas declared by our generals that they would withdraw
their troops if the Federal Government would do likewise. Procla-
mation was also made of the desire to respect the neutrality of Ken-
tucky and the intention to abide by the Avishes of her people as soon
as they were free to express their opinions. These declarations were
approved by me, and I should regard it as one of the best effects of
the march of our troops into Kentucky if it should end in giving to
her people liberty of choice and a free opportunity to decide their own
destiny according to their own will.

The Ai-my has been chiefly instrumental in prosecuting the great
contest in which we are engaged, but the Navy has also been effective
in full proportion to its means. The naval officers, deprived to a
great extent of an opportunity to make their professional skill avail-
able at sea, have served with commendable zeal and gallantry on
shore and upon inland waters, further detail of which will be found
in the'' reports of the Secretaries of the Navy and War. In the trans-
portation of the mails many difficulties have arisen, which will be
found fully developed in the report of the Postmaster-General. The
absorption of the ordinary means of transportation for the movements
of troops and military supplies; the insufficiency of the rolling-stock
of railroads for the accumulation of business resulting both from
military operations and the obstruction of water communication by
the presence of the enemy's fleet; the failure, and even refusal, of
contractors to comply with the terms of their agreements; the diflQ-
culties inherent in inaugurating so vast and complicated a system as
that which requires postal facilities for every town and village in a
territory so extended as ours, have all combined to impede the best-
directed efforts of the Postmaster-General, whose zeal, industry, and
ability have been taxed to the utmost extent. Some of these diffi-
culties can only be overcome by time and an improved condition of
the country upon the restoration of peace, but others may be remedied
by legislation, and your attention is invited to the recommendations
contained in the report of the head of that Department.

The condition of the Treasury will doubtless be a subject of anxious
inquiry on your part. I am happy to say that the financial system
already adopted has worked well so far, and promises good results
for the future. To the extent that Treasury notes may be issued the
Government is enabled to borrow money without interest, and thus
facilitate the conduct of the war. This extent is measured by the
portion of the field of circulation which these notes can be made to

CONFEDERATE AUTHORITIES. 735

occupy. The proportion of the field thus occupied depends again
upon the amount of the debts for which they are receivable; and when
dues, not only to the Confederate and State governments, but also to
corporations and individuals, are payable in this medium, a large
amoimt of it may be circulated at par. There is every reason to
believe that the Confederate Treasury note is fast becoming such a
medium. The provision that these notes shall be convertible into
Confederate stock bearing 8 per cent, interest, at the pleasure of the
holder, insures them against a depreciation below the value of that
stock, and no considerable fall in that value need be feared so long
as the interest shall be punctually paid. The punctual payment of
this interest has been secured by the act passed by you at the last
session, imposing such a rate of taxation as must provide sufficient
means for that purpose.

For the successful prosecution of this war it is indispensable that
the means of transporting troops and military supplies be furnished,
as far as possible, in such manner as not to interrupt the commercial
intercourse between our people nor place a check on their productive
energies. To this end the means of transportation from one section
of our country to the other must be carefully guarded and improved.
And this should be the object of anxious care on the part of State and
Confederate governments, so far as they may have power over the
subject.

We have already two main systems of through transportation from
the north to the south — one from Richmond along the sea-board ; the
other through Western Virginia to New Orleans. A third might be
secured by completing a link of about forty miles between Danville,
in Virginia, and Greensborough, in North Carolina. The construction
of this comparatively short line would give us a through route from
north to south in the interior of the Confederate States and give us
access to a population and to military resources from which we are
now in great measure debarred. We should increase greatly the
safety and capacity of our means for transporting men and military
siipplies. If the construction of this road should, in the judgment
of Congress as it is in mine, be indispensable for the most successful
prosecution of tlie war, the action of the Government will not be
restrained by the constitutional objection whicli would attach to a
work for commercial purposes, and attention is invited to the practi-
cability of securing its early completion by giving the needful aid to
the company organized for its construction and administration.

If we husband our means and make a judicious use of our resources
it would be difficult to fix a limit to the period during which we could
conduct a war against the adversary whom we now encounter. The
very efforts which he makes to isolate and invade us must exhaust
his means, whilst they serve to complete the circle and diversify the
productions of our industrial system. The reconstruction which he
seeks to effect by arms becomes daily more and more palpably impos-
sible. Not only do the causes which induced us to separate still exist
in full force, but they have been strengthened, and whatever doubt
may have lingered in the minds of any must have been completely
dispelled by subsequent events. If instead of being a dissolution of
a league it were indeed a rebellion in which we are engaged, we might
find ample vindication for the course we have adopted in the scenes
which are now being enacted in the United States. Our people now
look with contemptuous astonishment on those with whom they had
been so recently associated. They shrink with aversion from the

736

bare idea of renewing such a connection. "When they see a President
making war without the assent of Congress ; when they behold judges
threatened because they maintain the writ of habeas corpus so sacred
to freemen; when they see justice and law trampled under the armed
heel of military authority, and upright men and innocent women
dragged to distant dungeons upon the mere edict of a despot; when
they find all this tolerated and applauded by a people who had been
in the full enjoyment of freedom but a few months ago — ^they believe
that there must be some radical incompatibility between such a peo-
ple and themselves. With such a people we may be content to live
at peace, but the separation is final, and for the independence we have
asserted we will accept no alternative.

The nature of the hostilities which they have waged against us
must be characterized as barbarous wherever it is understood. They
have bombarded undefended villages without giving notice to women
and children to enable them to escape, and in one instance selected
the night as the period when they might surprise them most effectually
whilst asleep and unsuspicious of danger. Arson and rapine, the
destruction of private houses and property, and injuries of the most
wanton character, even upon non-combatants, have marked their
forays along our borders and upon our territory. Although we ought
to have been admonished by these things that they were disposed to
make war upon us in the most cruel and relentless spirit, yet we were
not prepared to see them fit out a large nav.'il expedition, with the
confessed purpose not only to pillage, but to incite a servile insurrec-
tion in our midst. If they convert their soldiers into incendiaries and
robbers, and involve us in a species of war which claims non-
combatants, women, and children as its victims, they must expect to
be treated as outlaws and enemies of mankind. There are certain
rights of humanity which are entitled to respect even in war, and he
who refuses to regard them forfeits his claims, if captured, to be con-
sidered as a prisoner of war, but must expect to be dealt with as an
offender against all law, human and divine.

But not content with violating our rights under the law of nations
at home, they have extended these injuries to us within other juris-
dictions. The distinguished gentlemen whom, with your approval at
the last session, I commissioned to represent the Confederacy at cer-
tain foreign courts, have been recently seized by the captain of a
U. S. ship of war on board a British steamer on their voyage from the
neutral Spanish port of Havana to England. The United States have
thus claimed a general jurisdiction over the high seas, and entering
a British ship, sailing under its country's flag, violated the rights of
embassy, for the most part held sacred evert amongst barbarians, by
seizing our ministers whilst under the protection and within the
dominions of a neutral nation. These gentlemen were as much under
the jurisdiction of the British Government upon that ship and
beneath its flag as if they had been on its soil, and a claim on the part
of the United States to seize them in the streets of London would
have been as well founded as that to apprehend them where they
were taken. Had they been malefactors and citizens even of the
United States they could not have been arrested on a British ship or
on British soil, unless under the express provisions of a treaty and
according to the forms therein provided for the extradition of
criminals.

But rights the most sacred seem to have lost all respect in their
eyes. When Mr. Faulkner, a former minister of the United States
to France, commissioned before the secession of Virginia, his native

CONFEDERATE AUTHORITIES. 737

State, returned in good faith to Washington to settle his accounts
and fulfill all the obligations into which he had entered, he was per-
fidiously arrested and imprisoned in New York, where he now is.
The unsuspecting confidence with which he reported to his Govern-
ment was abused, and his desire to fulfill his trust to them was used
to his injurJ^ In conducting this war we have sought no aid and pro-
posed no alliances offensive and defensive abroad. We have asked
for a recognized place in the great family of nations, but in doing so
we have demanded nothing for which we did not offer a fair equiva-
lent. The advantages of intercourse are mutual amongst nations,
and in seeking to establish diplomatic relations we were only endeav-
oring to place that intercourse under the regulation of public law.
Perhaps we had the right, if we had chosen to exercise it, to ask to
know whether the principle that " blockades to be binding must be
effectual," so solemnly announced by the great powers of Europe at
Paris, is to be generally enforced or applied only to particular parties.
When the Confederate States, at your last session, became a party to
the declaration reaffirming this principle of international law, which
has been recognized so long by publicists and governments, we cer-
tainly supposed that it was to be universally enforced. The custom-
ary law of nations is made up of their practice rather than their
declarations; and if such declarations are only to be enforced in par-
ticular instances at the pleasure of those who make them, then the
commerce of the world, so far from being placed under the regula-
tion of a general law, will become subject to the caprice of those who
execute or suspend it at will. If such is to be the course of nations
in regard to this law, it is plain that it will thus become a rule for the
weak and not for the strong.

Feeling that such views must be taken by the neutral nations of the
earth, I have caused the evidence to be collected which proves com-
pletely the utter inefficiency of the proclaimed blockade of our coast,
and shall direct it to be laid before such governments as shall afford
us the means of being heard. But, although we should be benefited
by the enforcement of this law so solemnly declared by the great
powers of Europe, we are not dependent on that enforcement for the
successful prosecution of the war. As long as hostilities continue
the Confederate States will exhibit a steadily increasing capacity to
furnish their troops with food, clothing, and arms. If they should be
forced to forego many of the luxuries and some of the comforts of
life, they will at least have the consolation of knowing that they are
thus daily becoming more and more independent of the rest of the
world. If in this process labor in the Confederate States should be
gradually diverted from those great Southern staples which have
given life to so much of the commerce of mankind into other chan-
nels, so as to make them rival producers instead of profitable cus-
tomers, they will not be the only or even the chief losers by this
change in the direction of their industry. Although it is true that the
cotton supply from the Southern States could only be totally cut off
by the subversion of our social system, yet it is plain that a long con-
tinuance of this blockade might, by a diversion of labor and an
investment of capital in other employments, so diminish the supply
as to bring ruin upon all those interests of foreign countries which
are dependent on that staple. For every laborer who is diverted
from the culture of cotton in the South, perhaps four times as many
elsewhere, who have found subsistence in the various employments
growing out of its use, will be forced also to change their occupation.

738

While the war which is waged to take from us the right of self-
government can never attain that end, it remains to be seen how far
it may work a revolution in the industrial system of the world, which
may carry suffering to other lands as well as to our own. In the
meantime we shall continue this struggle in humble dependence upon
Providence, from whose searching scrutiny we cannot conceal the
secrets of our hearts, and to whose rule we confidently submit our
destinies. For the rest we shall depend \ipon ourselves. Liberty is
always won where there exists the unconquerable will to be free, and
we have reason to know the strength that is given by a conscious
sense not only of the magnitude but of the righteousness of our

cause.

JEFF'N DAVIS.

Executive Depaktment,

November 18, 1861.
Gentlemen of the Convention:

On the 17th day of June last I transmitted to you a communication,
accompanied by sundry documents, intended to show what Vii'ginia
had done in the Avay of preparation, and also what she had done in
aiding the successful prosecution of the war in which we are now
engaged. In this supplement to that communication I propose to
continue the history and to bring down lier action to the present
time. This course is rendered necessary in consequence of the fact
that evil-disposed persons in our midst, claiming to be Virginians by
birth, have misrepresented facts and distorted truth with a view of
injuring the public authorities in popular estimation and disparaging
the efforts made by the Commonwealth to advance the common
cause. The authorities are content with a reference to the record,
and by that they are willing to allow Virginia to be judged, and her
claims to prompt, patriotic, and efficient action to be decided. The
paper herewith transmitted from the ordnance department of the
State, under the energetic and intelligent administration of Colonel
Dimmock, will show the issues of arms, equipments, and munitions
of war since the 14th day of June last to the present time. This
report completes that branch of the history of the operations of the
State, and to it any Virginian can refer with the proudest satisfac-
tion. The amount expended by the State for war purposes since the
secession of Virginia exceeds $6,000,000. Every demand against her
has been promptly considered and disposed of by ±he auditing board,
and it is a source of infinite satisfaction to me to know that every
demand has been paid on presentation at the treasury. The audit-
ing board are especially deserving of the thanks of the convention
for the zeal, industry, and faithfulness with which their onerous and
important duties have been discharged.

*******

An ordinance of the convention, passed April the 17th, 1861,
instructed the Executive to "invite all efficient and worthy Virginians
and residents of Virginia in the Army and Navy of the United States
therefrom to enter the service of Virginia, assigning to them such
rank as will not reverse the relative rank held by them in the U. S.
service, and will at least be equivalent thereto." And by an ordi-
nance passed April the 30th, 1861, you extended the invitation to
" officers in the revenue service and coast-survey service of the United

CONFEDERATE AUTHORITIES. 739

States." In accordance with the instructions contained in those ordi-
nances invitations were extended by me to the several classes of
officers therein referred to, and many have presented themselves,
have been accepted, and assigned to positions in the Virginia service.
When the convention was agreed upon between the State and the
Confederate Government no provision was made for these officers,
and the consequence is that some officers of each of these classes hold
no commissions in the Confederate service. They are, of course,
receiving their pay regularly from the State treasury. As your ordi-
nances have pledged the faith of Virginia to provide for these
officers — a pledge given under the most solemn circumstances — I feel
persuaded that it will be redeemed. I bring the matter to your
attention for such action as in your wisdom may be deemed proper.

It is important that some action shall be taken at the earliest
moment to put down the growing evil of extortion almost universally
prevalent throughout the State. I desire that all branches of busi-
ness shall be fairly and Justly remunerative; that the farmer, the
merchant, the mechanic shall receive good profits on whatever they
may have to sell. The question is no longer one of fair profit, but it
has become a question of how much can be extorted for a necessary
article from the people. All things necessary for the comfort and
support of the volunteers, who are exposing themselves in the public
service and risking their lives and health in defense of our honor and
independence, have been run up to an almost incredible price. AU
things necessary for the comfort and support of their families are run
up in the same way. Unless something shall be done by you speedily
to strangle this evil of extortion, a vast deal of suffering will be
entailed upon the country. When the Legislature assembles much of
the mischief will have been done, and hence my appeal to the conven-
tion to interfere. The volunteer who receives only $11 per month for
his services cannot afford to supply his family with salt at from $20
to $25 per sack, and shoes, clothing, &c., in like proportions. Men
who are neither contributing physical nor pecuniary aid to the prose-
cution of the war should not be allowed to reap exorbitant profits. I
suggest, therefore, with great respect, that this subject should claim
early consideration.

in if * * * * *

The terms of service of most of our volunteers will expire in the
months of April, May, and June next, and I call your attention to
the fact, that some action on your part may be taken to supply their
places. The war must be fought out, and to do so successfully we
must keep up our Army and provide for its continuance in the field
until our independence is fully recognized by our old associates under
the Federal Government.*
Respectfully,

JOHN LETCHER.

fInoIoHiire.]

Of the articles enumerated in Statement A there wore issued from
the 14th of June, 1861, to 1st of November, 1861, the following:

Flint miiskets 9,905

Percussion muskets 4,514

Bayonets ■ ^*'?°?

Hall rifles - 620

Flint-lock rifles 74

* Detailed statements omitted, a recapitulation being given in the inclosure
following.

740 CORRESPONDENCE, ETC.

Percussion rifles _ 56

Musketoons _ 7

Cavalry sabers 871

Cavalry saber belts .._ 876

Artillery sabers _ 33

Artillery saber belts _ _ 82

Traveling forges, with implements 3

Traveling forge, without implements 1

Battery wagons, with implements 2

Battery wagon, without implements 1

8-inch mortar, with bed and equipments ._ 1

10-inch mortar, with bed and equipments 1

Mortar shells 61

Sets of artillery harness (four horses to a set) 77

Sets wagon harness (four horses to a set) 52

Pounds of powder .,. __ 97, 450

Iron 6-pounder cannon, mounted _ 48

Iron 6-pounder cannon, not mounted _. 18

Iron 13-pounder cannon, not mounted 6

Iron 13-pounder cannon, mounted 12

Iron 4-pounder rifle cannon, mounted 30

Iron 4-pounder rifle cannon, not mounted ... 9

Iron 6-pounder Parrott rifle, mounted 1

Iron S^pounder cannon, not mounted ._ 4

Iron 13-pounder howitzer, mounted _ . . 1

Ii'on 34-pounder howitzers, mounted _ _ 15

Brass 13-pounder howitzers, mounted 3

Brass 6-pounder cannon, mounted 5

Brass 13-pounder rifle cannon, mounted 1

Brass 12-pounder smooth-bore cannon, mounted 4

6-pounder gun carriages, without guns 4

Caissons 83

A proportionate amount of various other articles enumerated in
Statement A were issued in the same period. In addition to issues as
per Statement A and the issues from the Virginia Military Institute
as per Statement B, this department turned over to the Confederate
authorities on the 14th of June, 1861, a laboratory, with machines,
fixtures, and hands, capable of at once turning out 75,000 rounds of
cartridges daily.

[November 18, 1861.— For Governor Harris to Secretary of War,
in relation to the numerical designation of Tennessee oi-ganizations,
see Series I, Vol. LII, Part II, p. 210.

Proceedi7igs of the convention held at Eussellville November 18, 19,

and 20, 1861.

Pursi^ant to a call issued by the Southern conference, held in Rus-
sellville on the 29th, 30th, and 31st days of October, 1861, the people
of Kentucky assembled in convention at Russellville on Monday,
November 18, 1861, to take into consideration the unfortunate condition
of the State, and devise, if possible, some means of preserving the
independence of the Commonwealth and their liberties. The conven-
tion assembled in College at 10 a. m. and was called to order

by the Hon. H. C. Burnett, of Trigg County, after which a permanent
organization was had by the unanimous election of the following
officers: President, Henry C. Burnett, of Trigg County; secretaiy,
R. McKee, of Louisville; assistant secretaries, T. L. Burnett, T. S.
Bryan; doorkeeper, W. M. Clark, of Logan County; chaplain, Rev.
Mr. Thomas, of Logan County.

CONFEDERATE AUTHORITIES. 741

[November 20, 1861.]
*******

The select committee reported througli their chairman the fol-
lowing :

Whereas, the Federal Constitution, which created the Government of the United
States, was declared hy the framers thereof to be the supreme law of the land,
and was intended to limit and did expressly limit the powers of said Government
to certain general specified purposes, and did expressly reserve to the States and
people all other powers whatever, and the President and Congress have treated
this supreme law of the Union with contempt and usurped to themselves the
power to interfere with the rights and liberties of the States and the people against
the expressed provisions of the Constitution, and have thus substituted for the
highest forms of national liberty and constitutional government a central despo-
tism founded upon the ignorant prejudices of the masses of Northern society,
and instead of giving protection with the Constitution to the people of fifteen
States of this Union have turned loose upon them the unrestrained and raging
passions of mobs and fanatics, and because we now seek to hold our liberties, our
property, our homes, and our families under the protection of the reserved pow-
ers of the States, have blockaded our ports, invaded our soil, and waged war upon
our people for the purpose of subjugating us to their vrtll; and

Whereas, our honor and our duty to posterity demand that we shall not relin-
quish our own liberty and shall not abandon the right of our descendants and
the world to the inestimable blessings of constitutional government : Therefore,

Be it ordained, That we do hei'eby forever sever our connection with the Gov-
ernment of the United States, and in the nameof the people we do hereby declare
Kentucky to be a free and independent State, clothed with all power to fix her
own destiny and to secure her own rights and liberties.

And whereas, the majority of the Legislature of Kentucky have violated their
most solemn pledges made before the election, and deceived and betrayed the
people ; have abandoned the position of neutrality assumed by themselves and
the people, and invited into the State the organized armies of Lincoln ; have abdi-
cated the Government in favor of the military despotism which they have placed
around themselves, but cannot control, and have abandoned the duty of shielding
the citizen vrith their protection ; have throvm upon our people and the State the
horrors and ravages of war, instead of attempting to preserve the peace, and
have voted men and money for the war waged by the North for the destruction
of our constitutional rights ; have violated the expressed words of the constitu-
tion by borrowing five millions of money for the support of the war without a
vote of the people ; have permitted the an-est and imprisonment of our citizens,
and transferred the constitutional prerogatives of the Executive to a miUtary
commission of partisans ; have seen the writ of habeas corpus suspended without
an effort for its preservation, and permitted our people to be driven in exile from
their homes ; have subjected our property to confiscation and our persons to con-
finement in the penitentiary as felons, because we may choose to take part in a
cause for civil liberty and constitutional government against a sectional majority
swaging war against the people and institutions of fifteen independent States
of the old Federal Union, and have done all these things deliberately against the
warnings and vetoes of the Governor and the solemn remonstrances of the minor-
ity in the Senate and House of Representatives : Therefore,

Beit further ordained, That the unconstitutional edicts of a factious majority
of a Legislature thus false to their pledges, their honor, and their interests are
not law, and that such government is unworthy of the support of a brave and
free people, and that we do therefore declare that the people are thereby absolved
from all allegiance to said government, and that they have a right to establish
any government which to them may seem best adapted to the preservation of
their rights and liberties.

CONSTITUTION.

Section 1. The supreme execiitive and legislative power of the
provisional government of the Commonwealth hereby established shall
be vested in a Governor and ten Councilmen, one from each of the
present Congressional districts, a majority of whom shall constitute a
quorum to transact business; the Governor and councilmen to be

742

elected by the members of this convention in such manner as may be
prescribed by this convention.

Sec. 2. The Governor and Council are hereby invested with full
power to pass all laws necessary to effect the objects contemplated
by the formation of this government. They shall have full control of
the army and navy of this Commonwealth and the militia thereof.

Sec. 3. No law shall be passed, or act done, or appointment made,
either civil or military, by the provisional government except with the
concurrence of a majority of the Council and approval of the Gov-
ernor, except as herein specially provided.

Sec. i. In case of a vacancy in the gubernatorial office occasioned
bj' the death, resignation, or any other cause, the Council shall have
power to elect a Governor as his successor, who shall not, however, be
a member of their body.

Sec. 5. The Council hereby established shall consist of one person
selected from each Congressional district in the State, to be chosen by
this convention, who shall have power to fill all vacancies from any
cause from the district in which such vacancy shall occur.

Sec. 6. The Council shall have power to pass any acts which they
may deem essential to the preservation of our liberty and the pro-
tection of our rights, and such acts, when approved by the Governor,
shall become law, and as such shall be sustained by the courts and
other departments of the government.

Sec. 7. The Governor shall nominate and, by and with the advice
and consent of the Council, shall appoint all judicial and executive
and other officers necessary for the enforcement of law and the protec-
tion of society under the extraordinary circumstances now existing,
who shall continue in office during the pleasure of the Governor and
Council, or until the establishment of a permanent government.

Sec. 8. The Governor shall have power, by and with the consent
and advice of the Council, to conclude a treaty with the Confederate
States of America, by which the State of Kentucky may be admitted
as one of said Confederate States upon an equal footing in all respects
with the other States of said Confederacy.

Sec. 9. That three commissioners shall be appointed by this con-
vention to the Government of the Confederate States of America,
with power to negotiate and treat with said Confederate States for the
earliest practicable admission of Kentucky into the Government of
said Confederate States of America, who shall report the result of
their mission to the Governor and Council of this provisional govern-
ment for such future action as may be deemed advisable; and should
less than the full number attend, such as may attend may conduct
such negotiation.

Sec. 10. So soon as an election can be held free from the influence
of the armies of the United States, the provisional government shall
provide for the assembling of a convention to adopt such measures as
may be necessary and expedient for the restoration of a permanent
government; said convention shall consist of 100 delegates, one from
each Representative district in the State, except the counties of Mason
and Kenton, each of which shall be entitled to two delegates.

Sec. 11. An auditor and treasurer shall be appointed by the pro-
visional government, whose duties shall be prescribed by law, and
who shall give bond with sufficient security for the faithful discharge
of the duties of the respective offices, to be approved by the Governor
and Council.

CONFEDERATE AUTHORITIES. 743

Sec. 12. The following oath shall be taken by the Governor, members
of the Council, judges, and all other officers, civil and military, who
may be commissioned and appointed by this provisional government:

I, , do solemnly swear (or affirm) in the presence of Almighty God,

and upon my honor, that I will observe and obey all laws passed by the provis-
ional government of Kentucky : So help me God.

Sec. 13. The Governor shall receive as his salary $2,000 per annum,
and the Councilmen $5 per diem while in session, and the salary of
the other officers shall be fixed by law.

Sec. 14. The constitution and laws of Kentucky not inconsistent
with the acts of this convention and the establishment of this govern-
ment, and the laws which may be enacted by the Governor and Coun-
cil, shall be the laws of this State.

Sec. 15. That whenever the Governor and Council shall have con-
cluded a treaty with the Confederate States of America for the admis-
sion of this State into the Confederate Government, that the Governor
and Council shall elect two Senators and provide by law for the elec-
tion of members of the House of Representatives in Congress.

Sec. 16. The provisional government hereby established shall be
located at Bowling Green, Ky., but the Governor and Council shall
have power to meet at any other place that they may consider
appropriate.

Done at Russellville, in the State of Kentucky, this 20th day of
November, A. D. 18G1.

* * * =N * * *

II. C. BURNETT,

President of the Convention.

R. McKEE,
Secretary of the Convention.

[November 19, 1861. — For Milton to Davis, in relation to military
affairs in Florida, see Series I, Vol. VI, p. 325.]

[November 19, 1861. — For Bragg to Cooper, in relation to reorgan-
ization of twelve months' men in the Anny of Pensacola, see Series I,
Vol. VI, p. 768.]

[November 19, 1861.— For Benjamin to A. S. Johnston, authorizing
the latter to call out all the armed men from Mississippi, Northern
Alabama, Kentucky, or Tennessee, see Series I, Vol. IV, p. 505.]

Bowling Green, Ky., November 21, 1861.

His Excellency Jefferson Davis,

President of the Confederate States of America:
Sir: The convention which assembled at Russellville on the 18th of
this month, composed of delegates from sixty-eight counties, and
which organized a provisional government for Kentucky, appointed
the Hon. Henry C. Burnett, the Hon. William Preston, and the Hon.
William E. Simms commissioners to treat with the Government of the

744 COKEESPONDENCE, ETC.

Confederate States of America for the recognition of this government
and the admission of this State into said Confederacy upon an equal
footing with the other States composing it.* The action of the people
of this State in thus organizing a provisional government for the pro-
tection of their rights of person and property was based, as a neces-
sity, upon the ultimate right of revolution possessed by all mankind
against perfidious and despotic governments. A faction which may
be called the war party of Kentuckj', composed of most of the mem-
bers of the last Congress and a minority of the Legislature, after
surrounding themselves with an army of 8,000 Lincoln troops, forced
a majority of their own body into caucus, and there concocted, and
afterward enacted in the Legislature, against the vetoes of the Gov-
ernor and the remonstrances of the minority of the Senate and House
of Representatives, a series of oppressive and despotic acts, which
nave left us no alternative except abject submission or manly resist-
ance. The constitutional right of secession by the State with organ-
ized government from the ruins of the old Union was not possible,
because the power of adopting such manly and philosophic action
was denied us bj'^ the enslaved members of the Legislature, who not
only submitted themselves to the despotism of the army, but betrayed
their political opponents, who relied upon their honor, and their con-
stituents and the great body of the people of Kentucky, who relied
upon their pledges of neutrality. Secession being thus impossible,
we were compelled to plant ourselves on a doctrine universally recog-
nized by all nations — that allegiance is due alone to such governments
as protect society, and upon that right, which God himself has given
to mankind, and which is inalienable, the right to destroy any gov-
ernment whose existence is incompatible with the interests and liberty
of society. The foundation, therefore, upon which the provisional
government rests is a right of revolution. Instituted by the -people for
the preservation of the liberty, the interests, and the honor of a vast
majority of the citizens of Kentucky.

Our justification before the world for a resort to this ultimate right
of revolution depends upon the facts constituting the necessity of its
exercise. These facts will be placed before you by our commissioners,
and to these facts we fearlessly invite your attention and that of the
great Government over which you preside. We considered our con-
stitutional liberty and our personal honor worth more than life or
property, and we have confidently staked them both upon the issue.
It is believed that the Confederate States of America will not refuse
admission to a State whose sympathies and whose interests are iden-
tical with their own, and whose geographical position is so important
to the Confederacy, merely because we have been unfortunately
deprived of that right of constitutional secession which was so for-
tunately possessed and so legitimately exercised by themselves.
There is no incompatibilitj' between the right of secession by a State
and the ultimate right of revolution by the people. The one is a
civil right, founded upon the Constitution; the other is a natural
right, resting upon the law of God. Mississippi legitimately exercised
the right of secession for the preservation of her constitutional liberty.
But if the State of Mississippi had corruptly refused to discharge her
duty, and treacherously made herself a part of the Northern des-
potism which threatened the liberties of her people, would any phi-
losophy deny to her citizens the right of revolution, or any theory
refuse her protection and admission within the Confederate States ?

* See November 20, ]). 741.

CONFEDERATE AUTHORITIES. 745

It is indeed philosophic and true that a State should exercise the right
of peaceful secession for the preservation of the rights and institu-
tions of its people, but it is neither philosophic nor true that because
a people are deprived by a perfidious State government of the power
of secession they, therefore, have no right to maintain their liberty
and their honor by revolution. The admiration of mankind may be
excited by a State firmly maintaining the rights of its people, but the
manly determination of a people to vindicate their own liberties at
the hazard of life and fortune against the despotic Government of the
North, and against the power and resources of a base and perfidious
State government, is not less noble and praiseworthy.

The provisional government of Kentucky is now the index of an
almost universal sentiment in the State in favor of a permanent con-
nection with the Confederate States and the history of the last year,
attentively studied, will demonstrate the triith of this assertion, even
to a stranger. Since the election of Abraham Lincoln — with the
exception of a few thousand emancipators and abolitionists — ^the State
of Kentucky has been divided into only two parties, the States Right
party and the Union party. It will be unnecessary to do more than
assert that the States Right party were all and at all times in favor of
a connection with the South, for all candid men will admit it. The
first position assumed by the Union party after the Presidential
election embraced these ideas: First, the presei-vation of the Union;
secondly, the protection of Southern institutions by amendments of
the Constitution; third, opposition to coercion of the South by arms,
and fourth, a continued connection and common destiny with the
South. At this period the Union party would not have stood one day
if the leaders had dared to a\ow themselves in favor of Northern
sentiment or an ultimate connection with the North in the event of a
permanent dissolution of the Union. After the failure of the Peace
Conference, in consequence of the refusal of the Abolitionists to vote
amendments to the Constitution for the protection of Southern prop-
erty, the Union leaders still avowed themselves opposed to the coer-
cion of the South ; but they now advanced the idea of neutrality, and
peace for Kentucky during the war, and declared themselves in favor
of an ultimate connection of the State with the South by a vote of the
people. Thus, after the refusal of their Abolition allies to give con-
stitutional protection to Southern property, we have again a confes-
sion of the "Union leaders" embodied in their creed, that their party
was in favor of an ultimate connection of the State with the South.
This was the party creed at the last election in Kentucky, when mem-
bers of Congress and members of the State Legislature were chosen.

The final change in the Union party was now near at hand. The
President and his councilors refused to respect the neutrality of Ken-
tucky, and determined to organize a force in Kentucky to hold the
State and to pass over its territory to strike a blow at the heart of the
Southern Confederacy. Congress met, the Union members threw ofE
disguise, and voted supplies of men and money for the war. The
indignation of the whole State was excited. The people were aroused,
and their denunciations of the war tax and enlistments for the North
were violent and extreme. The members of Congress were now
secretly engaged in introducing and organizing an army. The leaders
of the Union party now clearly perceived that they must shield them-
selves by an army from the indignation of the people. This idea was
soon impressed upon those members of the Legislature who were really
in favor of an honest neutrality of Kentucky. They met in caucus
and soon determined to protect themselves with the army; overawe

746

their own constituents, and to pursue without mercj' their political
opponents. This is a simple and true history of the Union party in
Kentucky; and lender all its phases, except the last, it avowed its
preference for the South; and in its last the leaders suppressed the
resentment of their own party by the sword. This recital is made for
one purpose alone, and that is to show that the whole body of the peo-
ple of Kentuckj' have in the last year repeatedly avowed themselves
in favor of an intimate peaceful connection of the State by a vote of
the people with the Confederate States. The Union leaders a ."owed
the same intention until they had organized an army sufficient to pro-
tect themselves against the rage of the people. The leaders of the
States Right party in Kentucky always knew that the people were
with them on this question, and they hoped to the last that they
would be able to expose the designs of the war faction and thus carry
with them the State government. The hope of being able to act with
the forms of law made them risk everj'thing till too. late. No one
could have anticipated the unparalleled audacity and treachery of the
leaders of the Union party when they violated their own position of
neutrality and deliberately determined to plunge the State in war.
Up to the last moment of safety we attempted to save the State by
State action; and we did this because wo knew the people were almost
unanimously with us as to the ultimate destiny of the State. This
fact is also admitted by General Thomas in his report as to the condi-
tion of Kentucky.*

How, then, can Your Excellency refuse admission to our State,
because the State government has itself dared to betray the people
and left them no hope except in their own manly determination to
maintain with arms their own liberties ? Your own theory of Govern-
ment was dear to us. We were habitually accustomed to look to the
State and State action for redress of Federal wrongs. We wished to
secede from the old Federal Union with all the rights of Kentuckians
guarded by all the forms of State government. We pursued this idea
to the last. We adhered to this detejmination until the theory itself
was lost in the treachery of the Legislature and until the State gov-
ernment had abandoned its people and indissohibly united itself with
the public enemy.

For nearly two years no election can take place in Kentucky for
members of the Legislature. Should we have submitted during all this
period to anarchy or to laws hostile to our people ? Even then the
sword would still have to be drawn to solve the question. When hope
had left us, and when, perhaps, the independence and boundaries of
the Confederate States were acknowledged and established, and the
struggle was over, then to inaugurate a hopeless civil war would have
been criminal, and we would have been by our own honor [forced] to go
in exile from our own native State. No theory, however sound, can
demand this sacrifice. We come to you now, when it is honorable to
do so, to offer you our assistance in a common cause while peril sur-
rounds us both and to share with you a common destiny. It is not
possible in an age of honor that the strong Avill reject the weak
because the people have risen up to vindicate that cause which was
betrayed by the State. We therefore hope that you will feel disposed
to throw around this provisional government, in its infancy, the pro-
tection of the Confederate States of America. Let the preservation
of constitutional government be alike the destiny and glory of your
great Confederacy. As a people long connected with you we ask
admission to your Government. In sucli a struggle, however, we will

*See Series I, Vol. Iv, p. 313.

CONFEDERATE AUTHORITIES. 747

not in any event despair; but believing that God himself has so organ-
ized human society and interests as to implant forever in truth an
irresistible power, even if you abandon us we will fearlessly struggle
on to the consummation of our own destiny.

With assurances of my high regard and esteem, I am, sir, your
obedient servant,

GEORGE W. JOHNSON.

[November 21, 1861.— For Bragg's circular with reference to the
reorganization of his old regiments for the war, see Series I, Vol. VI,
p. 770.]

Adjutant-General's Office,

Neiv Orleans, November 22, 1861.
His Excellency T. O. Moore,

Governor and Commander-in-Chief of Louisiana Militia:

Sir: I respectfully transmit my annual report of the condition of
the militia of this State : The two regiments of regulars of the State
army, organized by virtue of the ordinance. No. 12, of the convention
of the 5th of February, 1861, were transferred to the Provisional
Armj'^ of the Confederate States, in conformity to the ordinance of the
13th of March, 1861. I have the honor to annex a list of the offieers
at the time of the transfer, and the promotions and appointments
which have taken place since the transfer. (See Document A.*)
These regiments are in active service of the Confederated States, the
artillery stationed in the various forts of this State and the infantry
at Pensacola. The appointment of Col. A. H. Gladden to a brigadier-
general's commission. Confederate Army, has placed the regiment
under the command of Col. Dan. W. Adams. At the time of the
transfer the regiment of infantry was incomplete, yet progressing
rapidly in recruiting men. This regiment was suddenly called to
Pensacola. To complete these companies it became necessary to call
upon volunteers. Five companies tendered their services and were
accepted — the Orleans Cadets, of New Orleans, Capt. C. D. Dreux;
the Louisiana Guards, of New Orleans, Capt. S. M. Todd; the Cres-
cent Rifles, of New Orleans, Capt. S.W. Fisk; the Grivot Guards, of
La Fourche, Capt. N. H. Rightor; the Shreveport Grays, of Caddo,
Capt. J. H. Beard. They were with the regiment stationed at War-
rington up to June last, when the regiment having received its com-
plement of regular companies, these companies were relieved from
duty at Warrington. They formed themselves into a special bat-
talion, under the command of Lieut. Col. Charles D. Dreux and Maj.
N. H. Rightor, and were ordered to Yorktown, Va. Lieutenant-
Colonel Dreux was killed whilst in the performance of his duties and
the battalion is now under the command of Tileut. Col. N. II. Rightor.

On the 18th of April, 1861, a requisition from the Secretary of War
for 3,000 infantry for twelve months' service was received. The
following order was issued :

proclamation by the governor.

Headquarters Louisiana Militia, Adjutant-General's Office,

New Orleans, April 17, 1861.

The President of the Confederate States having made a requisition npon the
Governor of Louisiana for 3,000 infantry to serve for twelve months unless sooner

* Omitted.

748 CORRESPONDENCE, ETC.

discharged, I, Thomas O. Moore, Governor of the State of Louisiana, do hereby
proclaim that volunteers will be received in accordance ynth the requisition of
the President of the Confederate States, each company to be composed of not
less than sixty-four privates, four sergeants, four corporals, one captain, one first
and one second lieutenant. Captains of companies volunteering for the service
■wUl address Adjt. Gen. M. Grivot, at New Orleans, La., and hold themselves in
readiness at a moment's notice, subject to "the orders of the Governor.
By order of Thomas O. Moore, Governor and conunander-in-chief :

M. GRIVOT,
Adjutant and Inspector General of Louisiana.

As soon as this proclamation made its appearance in all parts of the
State companies were organizing and tendering their seiTices ; in less
than five days the number of troops offering exceeded 5,000. This
requisition did not state whether they were to be received by com-
panies, battalions, or regiments. A subsequent requisition for 5,000
additional troops, received on the 21st of April, 1861, gave the author-
ity to organize them into battalions and regiments. Under this
requisition the following proclamation was issued :

proclamation by the governor.

Headquarters Louisiana Militia, Adjutant-General's Office,

New Orleans, April SI, 1861.
The President of the Confederate States having made a requisition upon the
Governor of Louisiana for 5,000 infantry to serve for twelve months unless sooner
discharged (this force being in addition to the 3,000 already called for) , I, Thomas
O. Moore, Governor of the State of Louisiana, do hereby proclaim that volun-
teers will be received in accordance with the requisition of the Phresident of the
Confederate States, each company to be composed of not less than sixty-four
privates, four sergeants, four corporals, one captain, one first and two second
lieutenants. Volunteers will be received by companies, battalions, or regiments.
Those offering will address Adjt. Gen. M. Grivot, at New Orleans, La., stating
the force of their command, will remain in the parish in which they form, perfect
themselves in the drill, &c., and hold themselves in readiness at a moment's
notice, subject to the orders of the Governor. The Governor appeals to the
patriotic citizens of this State to respond to his proclamation for the protection of
the rights of the South.
Bv order of Thomas O. Moore, Governor and commander-in-chief:

M. GRIVOT,
Adjutant and Inspector General of Louisiana.

On the 23d of April the following order was issued :

Order | Hdqrs. Louisiana Militia, Adjutant-General's Office,

No. 105. ) New Orleans, April «, 1S61.

Four regiments of infantry vnll be received and mustered into the service of the
Confederate Army under the requisitions by companies as soon as presented.
Companies or battalions will rendezvous at the city of New Orleans without delay
and report to the adjutant-general.
By order of Thomas O. Moore, Governor and commander-in-chief:

M. GRIVOT,
Adjutant and Inspector General of Louisiana.

The troops were arriving rapidly. It was found expedient to estab-
lish a camp in the neighborhood of the city, and by Order No. 188,
issued on the 29th of April, 1861, Camp Walker Avas established on
the Metairie Course under the command of Brig. Gen. E. L. Tracy,
First Division, Louisiana Militia, detailed for that purpose. The
number of troojjs increasing, the fear of disease in camps, and owing
to the scarcity of water, it was deemed advisable to transfer the camp
to Tangipahoa, on the Jackson railroad. This camp was called Camp
Moore. The First Regiment Louisiana Volunteers was organized on
the 25th of April by the election of Albert G. Blanchard as colonel,

CONFEDERATE AITTHORITIES. 749

William G. Vincent lieutenant-colonel, and William R. Shivers as
major, and transferred to the Confederate States on the 29th of April
and ordered to Virginia. Colonel Blanchard has since been appointed
brigadier-general in the Confederate Army, and Lieutenant-Colonel
Vincent elected colonel of the regiment. The Second Regiment was
organized with Lewis G. De Russy as colonel, John Young as Ueu-
tenant-colonel, and I. T. Norwood as major, mustered into service
on the 11th of May, 1861, and ordered to Virginia. Colonel De Russy
having resigned, Capt. William M. Levy was elected to fill the vacancy.
The Third Regiment was organized with Louis Hubert as colonel, S.
M. Hyams as lieutanant-colonel, and W. F. Tunnard as major; was
mustered into service on the 11th of May, and ordered to Arkansas,
and from thence to Missouri. It participated in the battle of Oak
Hills, performing deeds of valor. The Fourth Regiment organized
with R. J. Barrow as colonel, H. W. Allen as Meutenant-colonel, and
S. E. Hunter as major. The Fifth Regiment organized with Theodore
G. Hunt colonel, Henry Forno lieutenant-colonel, and W. T. Dean
major. Atthisperiod, while other regiments were in process of organ-
ization, the companies having mustered into the State service, to be
transferred to the Confederate States for the period of twelve months
under the proclamations after the transfer of the Third Regiment, a
communication from the War Department was received declining to
accept any more regiments unless for the term of the war. To this
communication Your Excellency earnestly protested, and urged upon
the Secretary of War the necessity of accepting the regiments already
organized for the twelve months' service, but with no success. The
following order was then issued :

Order ) Hdqes. Louisiana Militia, Adjutant-General's Office,

No. 359. ) New Orleans, May 15, 1861.

I. The commander-in-chief has been officially notified by the Secretary of War
that no more twelve-months' volunteers will be received from Louisiana into the
service of the Confederate States. The Secretary of War has called upon this
State for 3,000 volunteers to serve during the war. The commander-in-chief
confidently expects that among the twelve-months' volunteers mustered into the
service of the State he wUl experience no difficulty in promptly supplying the new
requisition. The following rules will be observed among the troops now in the
service of the State:

II. Full regiments of volunteers for the war will be received in preference to
battalions, and battalions in preference to companies.

III. If more than one full regiment volunteers for the war, the regiments so
volunteering will be transferred to the Confederate States, according to their
respective numerical designations.

IV. If full regiments do not present themselves for the war, then battalions
which may be formed by the commissioned officers of five companies will be
received, and two battalions will be joined by the commander-in-chief to form a
regiment and an election for field officers vnll be ordered.

V. If neither regiments nor battalions volunteer , then companies will be received
and afterward formed into battalions or regiments, as the case may be, and an
election for field officers will be ordered.

VI. All companies or parts of companies refusing to volunteer for the war vnll
immediately disband, and deliver up their arms and equipments to their captains,
who will be held responsible for them.

By order of Thomas O. Moore, Governor and commander-in-chief:

M. GRIVOT,
Adjutant and Insp_ector Oeneral.

This act of the Secretary of War created considerable excitement,
both at the camp and in the country. The men who had volunteered,
sacrificing their all, believed they were being trifled with, and had the
effect of disorganizing the whole system for a while. After some diflft-
culty the Fourth Regiment was accepted for the twelve months'

750

service and was transferred on the 25tli of May, 1861. All the influ-
ence that could be brought to bear upon the War Department was
exercised by Your Excellency to obtain the acceptance of the Fifth
Regiment, and all the corps at Camp Moore, for the twelve months'
service, but with no success. Still entertaining hopes that the Secre-
tary of War would reflect upon the injury about to be inflicted upon
the troops bj'^ not accepting their services except for the war term,
would reverse and order them to be received, as originally mustered
in, for twelve months, [you] granted a delay by Order No. 440, in
which the companies were to decide whether they would volunteer
for the war or be disbanded. This delay was extended to the 25th
of May. This delay having expired, and the companies still refusing
to muster in for the term of the war, were disbanded. On the 26th of
May (Sunday) Your Excellency received a dispatch from the War
Department announcing the fact that the regiments and companies
would be accepted for the twelve months' term. It was received at
a late liour; the morning train of the Jackson railroad had left.
Upon application to Capt. J. S. Williams, superintendent of the road,
he kindly offered his services to convey by an express train to Camp
Moore the orders countermanding the disbanding of the troops; but
it was too late — the mischief had been done. A large number of
companies had been disbanded and were on their way home. Shortly
after it was ascertained that twelve-months' troops would be received,
both in the country and city, the organization recommenced with
redoubled vigor.

The Fifth Regiment, which had received a check, completed its
organization and was mustered into service on the 25th of May, 1861,
and was immediately ordered to Virginia. The Sixth Regiment,
organized with I. G. Seymour as colonel, Louis Lay as lieutenant-
colonel, and S. L. James as major, was mustered into service on the
4th of June, 1861, and ordered to Virginia. The Seventh Regiment,
organized with Harry T. Hays as colonel, Charles De Choiseul as
lieutenant-colonel, and D. B. Penn, major, was mustered into service
on the 5th of June, 1861, and ordered to Virginia. The Eighth Regi-
ment, organized with Henry B. Kelly as colonel, F. T. NichoUs as
lieutenant-colonel, and J. B. Prados as major, was mustered into
service on the 15th of June. The Sixth, Seventh, and Eighth Regi-
ments were engaged in the memorable battles of Bull Run on the
18th and of Manassas on the 21st of July, 1861, and rendered impor-
tant service. The Ninth Regiment, organized with Richard Taylor as
colonel, E. G. Randolph as lieutenant-colonel, and N. J. Walker,
major, was mustered into service on the 6th of July„1861, and ordered
to Virginia. The Tenth Regiment, organized with Mandeville Marigny
as colonel, J. 0. Denis as lieutenant-colonel, and Felix Dumonteil
as major, was mustered into service on the 22d of July, 1861, and
ordered to Virginia. The Eleventh Regiment, organized with S. F.
Marks as colonel, Robert H. Barrow as lieutenant-colonel, and E. G.
W. Butler as major, was mustered into service on the 18th of August,
1861, and ordered to Columbus, Ky. This regiment was in the battle of
Belmont, and was mainly instrumental in gaining the victory. Major
Butler fell while gallantly leading his men. The Twelfth Regiment,
organized with Thomas M. Scott as colonel. Wade H. Hough as lieu-
tenant-colonel, and John C. Knott as major, was mustered into
service on the 13th of August, 1861, and ordered to Columbus, Ky.

The Thirteenth Regiment organized with R. L. Gibson as colonel,
Aristides Gerard as lieutenant-colonel, and A. P. Avegno as major;

CONPEDEKATE AUTHORITIES. 751

transferred to the Confederate service on the 9th of September, 1861 ;
stationed for a long time at the fortifications below the city, and on
the 22d of November was ordered to Columbus. The Fourteenth and
Fifteenth Regiments were so designated by the War Department, and
are composed of the troops known as the Polish Brigade. They were
not mustered into service of the St.ate and transferred to the Confed-
erate States, and consequently I have no record of their names, of the
companies or officers, or number of men composing it. The Sixteenth
Regiment was organized with Preston Pond, jr., as colonel, Enoch
Mason as lieutenant-colonel, and Daniel Gober as major; was mustered
into Confederate servifM! on the 29th of September, 1861. The Seven-
teenth Regiment organized with S. S. Heard as colonel, Charles Jones
as lieutenant-colonel, and R. B. Jones as major; mustered into the
Confederate service on the 29th of September, 1861, and is n((W at
Camp Moore. The Eighteenth Regiment, organized with Alfred
Mouton as colonel, Alfred Roman as lieutenant-colonel, and Louis
Bush as major, was mustered into the Confederate service on the 5th
of October, 1801, and is stationed above Carrollton. The Nineteenth
Regiment organized with B. L. Hodge as colonel, J. M. Hollingsworth

as lieutenant-colonel, and major, and is stationwl at Camp

Moore. Five companies in May last organized as a special battalion,
with C. R. W^heat as major, was accepted and mustered into service
on the Otii of June, 1861, and ordered to Virginia. This battalion was
in the battle of Manassas, and is reported as having performed deeds
of valor. The foregoing regiments and Imttalions have been fully
armed and equipped.

I annex a list of the regiments and battalions mustered into the
State service and transferred to the Confederacy, with the names of
the companies, the parishes from which they come, the names of the
officers, and the number of men of each company, amounting to a
total of 19,152 men. (See Document B.*) The President having the
appointment of surgeons and quartermasters, the names of these do
not figure ther(!iu. The names of some officers of companies do not
appear on the list, owing to the fact that the changes being made by
promotion or otherwise the officers to fill the vacancies were elected
after the transfer to the Confederate States. On the 19th of April,
1861, the Secretary of War made a requisition for the First Company
Louisiana Foot Rifles, under command of Capt. Henry St. Paul,
which had been accepted for service. By Order No. 95, of that date,
this company was transferred, but as no rolls of the officers and men
composing the company were left with me, I am unable to state its
force. Several other companies volunteered their services to the War
Department direct and were accepted. I have no record of their
officers and number of men. The parishes bordering on the Gulf
coast wore unprotected, and the enemy's fleet had been committing
depredations and threatening attacks. Major-General Twiggs, com-
manding the department, deemed it necessary to call for troops to be
stationed at the forts and at various points, so as to guard and pro-
tect the coast. Eighteen companies have been transferred for that
purpose and are now in the active service of the Confederacy. Com-
panies have been mustered into the service for service within the limits
of the State. This necessitated the establishment of a camp of instruc-
tion in the vicinity of New Orleans. The location was selected near
Carrollton, on the Carrollton railroad, and was called Camp Lewis.

• Omitted in view of the recapitulation following (p. 7"i3).

752 ■ CORRESPONDENCE, ETC.

It is under the "ommand of Brig. Gen. C. A. Labuzau. I annex a
list of the force stationed there, marked Document C. *
A recapitulation of the forces as above stated shows:

Regiment of artillery (regnlars) 740

Regiment of infantry (regulars) 1, 033

1st, 2d, 3d, 4th, Sth, 6tlx, 7th, 8th, 9th, 10th, 11th, 13th, 13th, 16th, 17th, 18th,

and 19th Reg[iments Louisiana Volunteers - 14, 949

Wheat's battalion --. 415

Dreux's battalion 480

Fourteen companies transferred to the Confederate service for State service 1 , 331

Four companies of Orleans Artillery. 304

Number of troops in service of the Confederate States 19, 153

Thirteen companies for service within the State, at Camp Lewis 1, 050

Total number of troops thus far organized by the State 30, 303

(I can only approximate the number of the troops volunteering independ-
ently into the Confederate service. )

One company Orleans Chasseurs _ 95

Sulakowski's regiment (14th Regiment) _ _ _ _ . 850

Lieutenant-Colonel Bradford's regiment (15th Regiment) 450

Pointe Coup6e Light Artillery 90

Washington Artillery 330

Crescent Blues 80

Donaldsonville Artillery _ 85

Marion Infantry 139

Watson Artillery _ 100

Carroll Guards _ _ _ 7 •■•

Jackson Regiment 450

Zouaves _ _ _ 650

Total 3,375

Which would make a force in the field from the State of Louisiana. 33, 577

It became necessary in order to prevent traflcking between the
enemy's fleet and a large number of small boats and luggers trading
in the various bays, bayous, lakes, &c. , in the parishes bordering on
the sea-shore, to issue an order to arrest all offenders. To this effect
on the 12th of June Capt. A. O. Murphy was appointed and placed in
charge of the schooner Antonio, and a sufficient crew, with full author-
ity to arrest all persons dealing with the enemy, or persons of a sus-
picious character, found within the limits of Barrell Keys and Texas,
and who could not prove themselves loyal to the government. A
similar authority was given to Capt. R. G. Darden, of Thibodeaux,
who, in conjunction with Captain Murphy, visited all the bayous,
bays, and lakes, and has made some important arrests. Great benefit
has been derived by the State from the zeal and activity with which
these gentlemen performed the arduous duties imposed upon them.
Captain Murphy being alone in the service at present.

On the 14tii of January, 1861, an order Issued for the organization of
the militia throughout .the State. Considerable opposition was made
thereto. Owing to the impracticability of the law of 1853, officers met
with serious difficulties in compelling attendance at drills and obedi-
ence to their orders, the fine imposed, or intended to be Imposed, upon
delinquents being of so small an amount, and the mode pointed out
for its collection being unconstitutional, that the organization was
turned into a farce. In many parishes, however, no objections were
raised, and as far as practicable the militia was organized. The times
requiring that something should be done for the protection of the

* Omitted in view of the recapitulation following.

CONFEDEKATE AUTHORITIES. 763

State, and that a prompt and thorougli organization should be had,
the following order was issued :

OR^er ) Hdqrs. Louisiana Militia, Adjutant-General's Office,
No. 1147. ) jVew Orleans, September S8. 1861.

^ V^*i°^'^®°®'"*^ °* divisions will, on receipt of this order, proceed immediately
to the eitective organization of the militia within the limits of their command.

2. In their respective regiments colonels will cause the census of all persons sub-
ject to niilitia duty to be taken by the company oflScers within the company beats.
Ihere will be two lists ; on the one will be placed the names and residence of all
persons between the ages of eighteen and forty-five subject to militia duty, and
on the other, which shaU be designated as the " black-list," will be placed the
names and residence of all persons between the ages above mentioned subject to
said duty who shall in any way attempt to evade the performance thereof, their
aiders, abettors, and advisers, or who shall in any manner obstruct the oflBcers in
the execution of their functions, Such persons shall be marked and designated
as suspicious and enemies to the South.

3. No volunteer companies, unless organized and commissioned by the Governor,
shall be recognized. Such organizations shall be allowed five days from the
promulgation of this order to apply for commissions. No home guards or com-
panies organized for service only vrithin the limits of a town, city, or parish will
be acknowledged, except companies or corps the members whereof are subjects of
a foreign prince or government, or composed exclusively of persons over forty-
five years.

4. In the regiments of the First Division captains of companies will make, vvdthin
three days after the receipt of this order, a true and correct return of the census
thus made, through the proper channel, to the major-general. In the Second,
Third, Fourth, and Fifth Divisions the returns of the census shall be made in a
similar manner by captains within ten days after the receipt of the order.

5. Immediately after the returns have been made the colonels of the regiments
of the First Division will order daily company drills, after 3 p. m. (Sundays
excepted), with full power and authority to the captains or other ofiicer in com-
mand of the company to compel obedience to the orders and to enforce strict
military discipline. The colonels shall order, at such time and place as they may
deem proper, at least once a week, battalion or regimental drills. In the Second,
Third, Fourth, and Fifth Divisions colonels will order company drills at least
twice a week, giving the captains full power and authority to enforce obedience
to the orders and also strict military discipline ; and colonels shall order bat-
talion or regimental drills at such time and place within the regimental bounds as
they may deem proper, at least three times a month. Should any person refuse
to obey any order tlius given, or neglect to attend, without good and valid cause,
the drills above mentioned, they shall be noted and marked as suspicious, and
treated accordingly ; and it is the duty of all captains and colonels to report to
headquarters without delay the name and residence of the delinquent.

6. At company, battalion, or regimental drills, or for the performance of any
duty ordered, or for musters and reviews, companies and corps shall report them-
selves present, with such arms as they may possess, whether muskets, rifles, or
shotguns, until it shall be in the power of the State to furnish other arms.

7. Every officer who shall neglect or refuse to carry out the object of this order,
or shall fail to comply promptly with any order given by his superior, who shall
fail or refuse to attend drills, musters, parades, and reviews, without good and
sufficient cause, shall be immediately placed under arrest and court-martialed.

8. Any person subject to militia duty who shall refuse or neglect to perform
such duty, or to attend company, battalion, or regimental drills, musters, or
parades, besides being marked as suspicious, shall be subject to the fines imposed
by the act of 1858 for each and every offense.

9. In the First Division a permanent general court-martial will be established
by the commander-in-chief, with power to convene at least once a week, in the
city of New Orleans'; and in the Second, Third, Fourth, and Fifth Divisions there
shall be a permanent general court-martial, which shall convene at such place as
the commander-in-chief may designate, three times a month, for the trial of all
officers delinquent.

10. Major-generals and all other officers in command of divisions are strictly
charged with the execution of this order, and will enforce it to the fullest extent.
They will make a report to the adjutant-general the return of the militia force
within their respective commands without delay.

By order of Thomas O. Moore, Governor and commander-in-chief:

M. GRIVOT,
Adjutant and Inspector General Louisiana Militia.

754 CORRESPONDENCE, ETC.

This order has met witli success. Officers proceeded with activity
to the organization, both in the city and country. Companies daily
present themselves for commissions for their officers. It only remains
to arrange them in battalions and regiments, which will be done in a
very short time. I herewith annex the returns of the militia of the
State so far as received. Only a few of the officers have complied
with that portion of the order. I hope soon, however, to be able to
report to the Legislature a full statement of the militia force. In the
First Division the returns show a force of (see Document D*) 30,499;
Confederate Guards (see Document F*), 752; making a total of that
division of 31,251.

The following parishes have made their returns, to wit:.

Parish of Iberville - .-. 634

Parish of Natchitoches 1, 031

Parish of Livingston 754

Parish of Saint Tammany 443

Parish of Saint Charles 210

Parish of Washington 441

Parish of Carroll 691

Parish of East Baton Rouge 1, 200

Parish of East Feliciana. 495

The militia law should be revised and amended. One more strin-
gent should be adopted. Officers sliould have full powers to compel
obedience to orders and attendance to drills, musters, and reviews.
Heavy fines should be imposed in times of peace on delinquents, and
if the fine be not paid, then imprisonment for a certain term. These
apparently harsh measures would seldom be resorted to, for persons
subject to militia duty would obey and conform to the laws if they
are made to understand that the law is to be no longer a farce. In
times of war, when troops for State service are mustered in, or when-
ever any portion of the militia is called out by the Governor for the
performance of any active duty, they should be subjected to the strict
and rigid rules and regulations of war. It is only by strict discipline
tliat any good results can be obtained from troops. Where every
man in a company believes he is at liberty to do as he pleases, and
there is no law to reach him, he will not be a good soldier, and he
deters- others from the path of duty. Volunteer corps should be
encouraged. They should be formed into battalions or regiments,
belonging to some brigade, and not claim to be totally independent
of superior officers. No higher privileges should be granted or
allowed to one corps over another. The adjutant-genei-al should
liave authority to administer oaths. This would obviate considerable
difficulties to officers applying for commissions. The State arsenal is
in need of the necessary tools, &c. I would recommend an appro-
priation of $300. An appropriation of $2,000 should be made to
meet the contingent expenses of the office of the adjutant-general.
This office requires a large quantity of books and stationery, and the
adjutant-general is compelled to furnish blank reports and returns
for the militia throughout the State. Some persons were charged
with the taking of the census of the militia in the regimental beats,
and have presented a claim for their sei-vices. It is for the Legisla-
ture to say whether a remuneration should or .should not be granted
them. The various newspapers of the city and country have for
years past published all orders emanating from tlie various corps,

* Omitted.

CONFEDERATE AUTHORITIES. 755

and have received no pay. These notices fill up a column or two of
the paper, is an expense in the setting up of the type, and I deem it
but just the publishers should be remunerated. I therefore cheerfully
recommend an appropriation to meet the expenses of publication of
these notices.

On the 17th of November, 1861, an order was issued for a review of
all the volunteer and regular militia of the First Division, under
command of Maj. Gen. John L. Lewis. The troops assembled on
Canal street on Saturday, the 23d of November, 1861, were passed in
review by Your Excellency, accompanied by Maj. Gen. M. Lovell,
commanding Department No. 1, C. S. Army; Brigadier-General Rug-
gles, C. S. Army, and staffs. This assemblage was the largest and
most imposing that had as yet taken place. The troops appeared in
full numbers and displayed discipline and a drill which could have
been scarcely anticipated from the short period in which they have
been drilling. The force out on that occasion is estimated at a very
large figure. The complete returns of the various companies have not
j-et been received, and I cannot give official returns, but will make a
supplemental report as soon as received.

Respectfully, your obedient servant,

M. GRIVOT,
Adjutant and Insj)ectur General of Louisiana.

[November 25, 1861. — For message of President Davis, in relation
to the admission of Missouri into the Confederacy, see Series I, Vol.
LIII, p. 757.]

November 25, 1861.
Hon. Howell Cobb,

President of the Congress:
I have the honor herewith to transmit a communication* from the
Provisional Governor of Kentucky informing me of the appointment
of commissioners on the part of that State to treat witli the Govern-
ment of the Confederate States of America for the recognition of said
State and its admission into the Confederacy. Also a communication
from the president and members of the convention which declared the
separation of Kentucky from the United States and adopted the
provisional government as therein recited. Two of the three com-
missioners thus appointed have presented their credentials and sub-
mitted a proposition to enter upon negotiations for the admission of
the State of Kentucky into the Confederacy. Before entering upon
such negotiation I have deemed it proper to lay the case before Con-
gress and ask its advice. The history of this controversy involving
the State of Kentucky is so well known to the Congress that it is
deemed unnecessary to enter here into a statement of the various
stages through which it has passed. It may, however, be proper to
advert to the fact that in every form in which the question has been
presented to the people of Kentucky we have sufficient evidence to
assure us that by a large majority their will has been manifested to
unite their destinies with the Southern States whenever, despairing of
the preservation of the Union, they should be required to choose
between association with the North or the South. In both the commu-
nications presented will be found a powerful exposition of the misrep-
resentation of the people by the government of Kentucky, and it has

*See Johnson to Davis, November 21, p. 743.

756 CORRESPONDENCE, ETC.

led iiie to the conclusion that the revolution in whicli they are engaged
offered the only remedy within their reach against usurpation and
oppression, to which it would be a reflection upon that gallant people
to suppose that they would tamely submit. That this proceeding for
the admission of Kentucky into the Confederacy is wanting in the
formality which characterized that of the States which seceded b> the
action of their organized government is manifested — indeed admitted —
by terming it revolutionary. This imposes the necessity for examin-
ing the evidence to establish the fact that the popular will is in favor
of admission of the State into the Confederacy. To this end I refer
the Congress to the commissioners who have presented to mo many
facts which (if opportunity be afforded them) they will no doubt as
freely communicate to the Congress. The conclusion at which I have
arrived is that there is enough of merit in the application to warrant a
disregard of its irregularity; that it is the people — that is to say, the
State — Avho seek to confederate with us ; that though embarrassed they
cannot rightfully be controlled by a Government which violates its
obligations and usiirps powers in derogation of the liberty which it
was instituted to preserve; and that, therefore, we may rightfully
recognize the provisional government of Kentucky and under its
auspices admit the State into the Confederacy. In reaching this con-
clusion I have endeavored to divest myself of the sentiments which
strongly attract me toward that State, and to regard considerations,
military and political, subordinate to propriety and justice in the
determination of the question. I now invite the early attention of
Congress that I may be guided by its advice in my action.

JEFF'N DAVIS.

[November 25, 1861. — For Secretary of War to Governor Harris,
in relation to numerical designation of Tennessee organizations, see
Series I, Vol. LII, Part II, p. 220.]

A RESOLUTION authorizing the transfer of funds to foreign parts.

Resolved by the Congress of the Confederate States of America, That
the Secretary of the Treasury be authorized to transfer and place on
deposit, in the hands of any foreign banker, such amount of money,
not exceeding $2,000,000, as the public exigencies may require, and
that he be authorized to make the transfer by remittance of bills or
shiptoent of produce as he may deem most advantageous.

Approved November 26, 1861.

[November 26, 1861. — Foi- Cooper to A. S. Johnston, requesting
suspension of order for muster out of twelve-months' unarmed Missis-
sippi troops, see Sex-ies I, Vol. VII, p. 705. ]

Confederate States of America, Subsistence Dept.,

Richmond, November 27, 1861.
Hon. J. P. Benjamin,

Secretary of War :
Sir: It has obviously been the policy of this department to avoid
advertising for bids to furnish meats for the Army. The packing

CONFEDERATE AUTHORITIES. 757

houses witliiu the Confederacy were too few, the deniands for the
plantation negroes too great, and arrangements for combination too
easy among contractors. Furthermore, the contracts being made
would have been paper furnished for bank negotiation to conflict witli
the interests of the Government. Hence it has been decided to pur-
chase, pack, and cure for itself, by securing all of the packing-houses
and the experience of the parties conversant with the business. After
having secured all thaf private persons have failed to grasp, we must
look to Kentuekj', and as the hopes predicated on a more rapid advance
of ouv forces have proved delusive, it has become necessary to draw
from beyond our lines, where our currency w-ill not answer. Gold is
necessary, but its price is from 20 to 25 per cent, premium; but pork
and beef are one-third less costly, and meat bought and cured from
them will be cheaper than what is obtained within our own land. To
get this gold paragraph 835, Army Regulations, must be violated. It
prohibits such exchanges except at par. This rule is because Gov-
ernment drafts have never been of less value than specie, but these
regulations are no more applicable to present circumstances than order
is assimilated to confusion. In my letter of August 21, responding,
by direction of the Executive, to certain complaints from the Army of
the Potomac, I alluded to what would have to be undertaken by this
department in general terms. That letter was approved, and I think
by implication that I am aiithorized by the War Department to do all
that is fair and honest to advance the end. I propose to proceed
accordingly and authorize my agent to buy gold, not as a Government
act, however. If Government were known to be purchasing the price
would rise accordingly.

I have the honor to be, very respectfully, your obedient servant,

L. B. NORTHROP,
Commissary-General of Subsistence.

[November 27, 1861. — For Pike to Benjamin, in relation to raising
Indian troops, &c., see Series I, Vol. VIII, p. 697.]

AN ACT to admit the State of Missouri into the Confederacy as a member of
the Confederate States of America.

The Congress of the Confederate States of America do enact, That
the State of Missouri be, and is hereby, admitted as a member of the
Confederate States of America, upon an equal footing with the other
States of the Confederacy, under the Constitution of the Provisional
Government of the same.

Approved November 28, 1861.

Richmond, November 28, 1861.
Hon. W. PORCHER Miles,

Chairman Committee Military Affairs,

Congress of Confederate States :
SIR: In answer to your communication of the 27th instant, asking
mv opinion upon the expediency and practicability of a proposed
increase of the pav of privates in the Confederate service, I have the

758 CORRESPONDENCE, ETC.

honor to state that according to existing laws the monthly pay of a
private of cavalry is $12, of artillery and infantry $11. This is
believed to bo the highest rate of pay for those grades known in any
service, and is exclusive of allowance for clothing, subsistence, or
other items usually furnished to troops. The act of August 30, 18C1,
authorizes commutation for clothing not furnished by the Government
at the rate of $25 per man for every six months. It appears to me
that instead of an increase of pay proper, it would be much better to
increase the commutation allowance of clothing to $30 for every six
months, which would enable the soldier to make better provision for
his comfort in that essential article than he is enabled to do at the
present rate. This increased expense for clothing for a regiment of
1,000 men for one year would be $10,000; for 200,000 men it would be
$2,000,000 per annum. The increase of army appropriation conse-
quent on the increase of $5 pay per month to each private would for
a regiment of 1,000 men be $60,000 for one year, and for 200,000 men
for the same time it would be $12,000,000. I avail myself of this
occasion to bring to your notice, respectfully, the fact that it does not
appear, so far as I have examined the acts of the Congress of the
Confederate States, that any provision has been made for wounded
and disabled soldiers in the line of their duty or for the families of
such as have been killed in battle, and to suggest whether something
should not be done by the present Congress to provide for such cases.
I am, very respectfully, &c.,

S. COOPER,
Adjutant and Inspector General.

Council Chamber,
Bowling Green, Ky., Novemher 28, 1861.
Be it remembered that on this day a bill was passed by the Council
of the provisional government of the Commonwealth of Kentucky,
to wit :

AN ACT to empower the Governor to appoint a commiBsioner to the Confederate States of America

on the subject of banks.

Whereas, information has been received by the Governor and Council of the
provisional government of the State of Kentucky that various banks of the State
of Kentucky have, in obedience to unconstitutional law, and at the behest of
foreign military power, loaned their respective quotas of $5,000,000, demanded of
them under the pretext of a loan, to be used in the subjugation of the free people
of this Commonwealth to the dominion of the old Federal Government ; and

Whereas, the State of Kentucky is a stockholder in said banks, said stock hav-
ing been purchased with funds raised by direct or indirect taxation on all the
people, and to the extent of such stock the people are interested in, and of right
should control, said funds ; and

Whereas, this government is fully persuaded that the people do not desire their
own funds to be used for their own subjugation and enslavement : Wherefore, to
prevent which,

Be it enacted by the Council of the provisional government of the State of Ken-
tucky, That the Governor be, and he is hereby, empowered and instructed to
appoint a commissioner, whose duty it shall be to proceed forthwith to the capi-
tal of the Confederate States of America to confer with the proper authorities of
that Government as to the most practicable manner of securing all moneys and
all other assets of the following banks, viz : The Bank of Kentucky, the Northern
Bank of Kentucky, and the Farmers' Bank of Kentucky, now in the city of New
Orleans or elsewhere within the Confederate States, and that said Confederate
States are requested to co-operate with said commissioner in securing said moneys
and assets.

coKfederate authorities. 759

Said commissioner, when said money or assets shall have come to his hands,
shall hold the same subject to the future control of the Government ; he shall
keej) in suitable boqks selected by him an accurate account of all moneys or assets
received by him, to whom they belong, their character, nature, and extent, which
books shall at all times be open to the inspection of the Governor and Council of
the provisional government of the State. . He shall also report to the Governor
and Council monthly his actings and doings. Before any of said moneys or assets
shall be received by said commissioner he shall execute bond in the sum of $50,000,
payable to the Governor and Council of the provisional government of Kentucky,
with good and sufficient security, to be approved by the Governor, and he shall
moreover, before entering upon the discharge of his duties, take the oath pre-
scribed by law for the officers of the Government.

W. B. MACHEN,
I^-esident of the Council.
Approved November 38, 1801.

G. W. JOHNSON,

Provisional Oovernor.
By the Governor:

R. McKEE,
Secretary of State.

And be it also remembered that on this the 30th day of November,
1801, in pursuance of the provisions of the foregoing bill, the follow-
ing order was entered upon the journal of the Council aforesaid, to
wit: "A message was received from the Governor nominating John
D. Morris, esq., as commissioner under an act entitled 'An act to
empower the Governor to appoint a commissioner to the Confederate
States of America on the subject of banks,'" which nomination was
confirmed.

Attest

A. FRANK BROWN,

Clerk oftlie Council of the Provisional Oovernment of Kentucky.

AN ACT to enable the State of Missouri to elect members of the House of

Representatives.

The Congress of the Confederate States of America do enact, as
follows: In case the State of Missouri shall adopt and ratify tlie Con-
stitution for the permanent government of the Confederate States of
America, the time for holding in said State the first election for mem-
bers of the House of Representatives in the Congress of said Con-
federate States, under said Constitution, shall be such as may be
designated by the Legislature of said State; which election shall be
conducted, in all respects, according to said Constitution and the law
of said State, then in force for that purpose; and if no provision by
law shall have been made for such election, then according to the
laws heretofore existing therein for the election of members of the
House of Representatives in the Congress of the United States.

Sec. 2. The State of Missouri shall be entitled to elect thirteen
members to the House of Representatives, the same being upon the
basis of one member for every ninety thousand representative popu-
lation, and one additional member for a fraction over one-half of the
ratio aforesaid, under the census of the United States, taken in
eighteen hundred and sixty, and being the same basis of representa-
tion fixed for the seven original States in said Constitution for per-
manent government.

Approved November 29, 1801.

760 CORRESPONDENCE, ETC.

War Department,
Richmond, November 30, 1861.
The President:

Sir: I submit the following suggestions in relation to the legislation
that experience seems to have proven to be necessary for the better
administration of this Department:

First. A number of naval oificers of ability and experience have
been detailed for artillery service and the. command of forts and bat-
teries. Their position and rank in the naval service render it emi-
nently proper that they should have chief command in manj' instances
where they are outranked by volunteer officers not competent for such
command. I think it would be of great advantage to the service that
the Executive should be allowed to confer temporary Army rank on
such officers, to last only while engaged in service with troops in
batteries or in the field, and not to affect their position in the Navy.

Second. The law now allows a number of assistant quarter'masters
and commissaries not exceeding one for each regiment, and of brigade
quartermasters and commissaries not exceeding one for each brigade.
No provision is made for these staff officers for posts, hospitals, &e.,
nor for general depots. The expansion of the operations of the Army
and the field over which they are conducted have rendered necessary
a large number of posts and depots, while the difficulties in railroad
transportation frequently require details of such officers to take care
of and hasten the forwarding of Government property in transit.

Power ought to be granted to increase the number of these officers
so as to provide for posts, depots, special duty on railroads, and sim-
ilar service. It has been necessary to attempt a remedy for the present
deficiency of the staff by assigning to brigades only one officer, either
quartermaster or commissary, to perform the duties of both offices,
but this remedy has proved insufficient, and general complaint is
made of the inadequacy of such service in the field. It must be
remembered in this connection that there are no paymasters in the
service, so that the duties of quartermasters are much more onerous
than under tlie sj'stem formerly established.

Third. The different States which have joined the Confederacy
were provided with distinct military organizations, which have been
transferred to the Confederate States. The officers appointed by the
several States have usually been transferred with the troops, includ-
ing such staff officers as, under the provisions of the law, are appointed
by the President, with the advice of Congress. Many of these officers,
ignorant of the provisions of a new and complicated system, have
continued with their respective regiments, faithfully performing the
duties of surgeons, quartermasters, commissaries, and chaplains for
months after the transfer, and have only been made aware of the
necessity of having their appointments renewed by Confederate
authority when refused pay for valuable and faithful service. When-
ever such officers have been reappointed, and have thus received
indisputable testimonials of their fitness for office and of the value of
their services, justice seems to require that their rank and pay should
both commence at the date when their services began. I have not
felt authorized to allow any of the numerous claims that have been
pressed on the Department, but have deemed it a duty to the officers
to promise that their demand should be brought to the attention of
Congress.

Fourth. Some regiments have already been disbanded at the expira-
tion of their term of service. Legislation is necessary to fix a rule

CONFEDERATE AUTHORITIES. 761

determining whether the staff officers, surgeons, quartermasters, com-
missaries, and adjutants appointed from civil life lose their commis-
sions when the regiments are disbanded, or whether they are to remain
in the service and be assigned to duty with other troops.

Fifth. The act of Congress in relation to cadets confines the appoint-
ments to persons selected from the Confederate States. There are
several instances of meritorious youths, citizens of what are known
as the Border States, who have resigned their positions at the Military
Academy at West Point and are now serving as privates in our ranks.
Ought not these cases to be provided for by permitting the President
to commission such young men as cadets in our service ?

Sixth. The act "to provide for the public defense" allows to a bat-
talion (section 8) a chief bugler or principal musician, according to
corps, but omits a like provision for regiments. This is supposed to
be an unintentional omission and attention is invited to it.

Seventh. The act of Congress establishing the Regular Army pro-
vides for a corps of artillery with certain officers and does not seem
to contemplate the organization of field batteries into battalions or
regiments. In actual service it is known that it rarely if ever occurs
that field batteries are used in organized battalions or regiments.
The act "to provide for the public defense," while it authorizes the
acceptance of volunteers as artillerists in companies, battalions, and
regiments, and empowers the President to unite them in such organi-
zations when tendered in separate companies, does not require that
he should do so, nor would the good of the service be at all promoted
bj' such action on his part. If, then, the battery or single company be
the best organization for ai-tillery, as seems to be unquestionable, it
results that under the present legislation the Executive is without
power to reward eminent services in that arm by promotion. If we
take for example the battalion of Washington Artillery which (being
mustered into service as a battalion) happens to be commanded by a
major, it is found that Major Walton, whose services have been con-
spicuous in that arm and whose promotion has been recommended by
his generals and is desired by the President, is deprived of that sub-
stantial mark of approval for eminent service which is the cherished
hope of the true soldier.

The remedy seems to be to authorize the appointment of officers of
artillery of higher rank than is now permissible, and I would respect-
fully suggest that Congress permit the appointment of officers of
artillerj' in the Provisional Army and in the volunteer corps, not to
exceed "in number one brigadier-general for every twenty batteries,
one colonel for every ten batteries, one lieutenant-colonel for every
six batteries, and one major for every four batteries, without reference
to the number of batteries under the actual command of the officers
so appointed.

Eighth. The act of Congress of 21st of May, 1861, authorizes the
President to confer temporary rank and command for service with
volunteer troops on officers of the Confederate Army. ' Accoi-ding to
the terms of this act such temporary rank is admissible only when the
officers of the Army are on actual duty in the field with troops. But
there is in the different bureaus a number of meritorious officers whose
duties, onerous and irksome, are performed under my personal
observation with universal assiduity and fidelity. They are debarred
by the necessities of the service from active duty against the enemy,
and I have been compelled in repeated instances to refuse tlieir urgent
appeals for permission to take the field. I'hey have been offered the

762 CORRESPONDENCE, ETC.

eommand of regiments while ranking only as lieutenants or captains,
and haA'e seen their juniors elevated above them and placed on the
great highway of distinction without an opportunity to share in the
perils and rewards of actiye service. It is true that the rank thus
conferred is temporary and that after the war the relative positions
of all the officers will remain the same. But why should not the like
temporary rank be bestowed on those who are unwillingly compelled
to perform the most unacceptable duty as well as on those who are
favored with positions where they obtain not only temporary i-ank
but opportunity for fame, fortune, and the gratitude and admiration
of their countrymen. I respectfully suggest that the Executive should
be authorized to grant such temporary rank (to cease at the end of the
war) as may seena to him to be due to those officers in the Bureaus of
the Adjutant-General, Chief of Engineers, and Chief of Ordnance who
may seem best to merit such mark of approval for arduous and faith-
ful service.

Ninth. There are some officiers, formerly in the service of the United
States, M'ho resigned their positions in consequence of the secession
of their native States, and have tendered their services to the Con-
federacy, but who, from advanced age, physical infirmity, and other
like cause, are not in a condition to render service in this great
struggle for independence. The public interest does not permit their
appointment for active service, yet it seems most ungracious that
their patriotism and fidelity to duty should be visited by the penalty
of the loss of rank and pay. The wisdom of Congress is invoked for
proper legislation to meet and provide for such cases.

Tenth. There seems to be doubt whether, under a proper construc-
tion of the law, promotion by seniority, except among field officers,
should take place in regiments organized by the President. Com-
panies are received with their officers as elected. The President
organizes. them into battalions or regiments and appoints the field
officers. When vacancies subsequently occur among the field officers,
are the captains, who were not appointed, but elected, entitled to rise
by seniority, or has the President the power to fill by appointment?
The latter seems far preferable ; but whatever be the opinion of Con-
gress on the subject, the rule ought to be fixed.

Eleventh. In the arrangements for hospitals no provision is made
for laundresses. It is recommended that authority be given to
emploj" them at a compensation of $8 per month and one ration per
diem.

Twelfth. Hitherto commissions have ]iot been issued to any of the
officers, either of the permanent or Provisional Army. The pressure
of business has rendered the preparation and signing of the very
large number of commissions needed for the Army almost impracti-
cable. Arrangements have, liowever, been made for their early
delivery, but it will evidently be impossible for the President to sign
them all in person. Provision is necessary to empower him to have
the commissions signed by some officer to be delegated for that pui--
pose.

Thirteenth. The interruption of commerce by the war has rendered
it necessary to supply many articles of prime military necessity by
home manufacture, and the duties of the Chief of Ordnance have
thus been varied and multiplied to an unprecedented extent. In
addition to the articles usually manufactured in a military laboratory,
it has been necessary to manufacture for the use of the laboratory'
articles usually found in the shops. Sulphuric acid, nitric acid, dif-

CONFEDERATE AUTHORITIES. 763

ferent luetallie salts, and a variety of chemicals can be obtained foi-
the use of the laboratory only by our manufacturing them, while our
citizens engaged in supplying niter, sulphur, and gunpowder need
guidance, superintendence, and instruction to prevent the loss of
labor and materials by imperfect or wasteful processes. It has there-
fore become urgent to add to the Ordnance Bureau some accom-
plished scientific officer to take charge of many of the operations
whicli involve the application of chemistry to the arts and the prov-
ince of metallurgy.

Establishments for the manufacture of the principal acids and
chemicals must necessarily be placed at various convenient points,
and the different ores used for ordnance purposes require anal^'sis.
As these operations are intended to be confined to what is required
for strictly military purposes, it is recommended that there be added
to the ordnance service an officer, with the rank of major, to be
specially charged with the duties above referred to, and that a num-
ber of assistants be allowed him, not exceeding four, to be appointed
b3' the President as needed, and with rank either of lieutenant or
captain, as may appear appropriate to the duties confided to them.

Fourteenth. I have reserved for the last the most important of all
the subjects that can engage the attention of Congress. It is impos-
sible to view without disquietude the approach of the period when
many of the twelve-months' volunteers will be mustered out of service.

The experience of the past eight months has amply demonstrated,
if, indeed, demonstration were needed, the radical vices of a system
of short enlistments and the impossibility of conducting effective cam-
paigns with raw levies. The time consumed in the instruction of the
soldier, in his transportation, in his recovery from the usual camp
diseases, in all the preparations required to make him reliable at all
times and for all service, consumes from one-third to one-half of the
term of a twelve-months' enlistment, and scarcely has the recruit been
ripened into the hardy soldier when the rigor of the winter causes a
forced inaction of several additional months. It is, perhaps, no exag-
geration to say that the actual effective service of the volunteer for
the first twelve months does not exceed on the average one-fourth of
that term, and is thus rendered enormously expensive. Twelve
months' pay, clothing and subsistence, transportation both ways,
tents, camp equipage, and medical attendance and supplies consti-
tute a sum total for three or four months' service that is startling in
amount, and the finances of the wealthiest nations on earth could
scarcely bear a continuous drain of such magnitude; and yet this
lavish expenditure is perhaps the least of the evils of the system.
Engaged in a struggle for national life itself, the loss of money
becomes insignificant when compared with the loss of efficiency in
the Army. It is impossible to estimate the extent to which our arms
will be weakened if the twelve-months' volunteers, inured to hard-
ship, recovered from camp diseases, steadied by discipline, and
inspired by the consciousness of their own improved condition and
efficiency, shall be replaced by raw recruits in the approaching spring
al the very opening of the season for vigorous operations. It is
believed that no wiser economy could be practiced than by granting
a liberal bounty, together with a moderate furlough, to the twelve-
months' volunteers on condition of their re-enlistment for the war.
Nor should these inducements be delaj'ed ; let them be offered at
once; let the Executive be empowered to establish regulations by
which these volunteers shall, on condition of re-enlistment for the

764

war, be allowed by turns, and in sucli numbers at a time as not to
endanger the safety of the Army, a moderate furlough. To this let
there be added two or three months' pay per man, and there can be
little doubt that a large majority of the twelve-months' men w^ould
re-enlist for the war, thus enabling us to take the field in the spring
with vigor and efficiency. If Congress concur in these views the legis-
lation should be immediate, and every effort of the Department would
be directed to insuring its success.

I am, very respectfully, join- obedient servant,

J. P. BENJAMIN,

Secretary of War.

Resolved, That the General Assembly of the State of South Caro-
lina has full confidence in the ability, integrity, and patriotism of
Jefferson Davis, President of the Confederate States of America, and
in the wisdom and statesmanship of his administration.

Resolved, That it is the sense of this General Assembly that the
administration of President Davis is entitled to the earnest and vig-
orous support of the good people of this Commonwealth.

[Indorsement.]

Resolved, That the Senate do agree to the resolutions.
Ordered, That they be sent to the House of Representatives for
concurrence.
By order of —

WILLIAM E. MARTIN,

Cleric of the Senate.
Per WILLIAM D. MARTIN.
In the Senate, November 29, 1861.

Resolved, That the House do concur in the resolutions.
Ordered, That they be returned to the Senate.
By order of —

JOHN T. SLOAN,
Clerk House of Representatives.
In the House of Representatives, November 30, 1861.

Wak Department,
Richmond, November — , 1861.
The President :

Sir : I have the honor to transmit herewith for submission to Con-
gress the estimate of the appropriations necessary for the public
service in this Department up to the 1st of April next. I beg to
remark that estimates were submitted at the last session for the amount
necessarj' to conduct the war up to the 18th of February next, on
the scale of magnitude which my predecessor believed to be impend-
ing, but his estimates were greatly reduced, in the hope (rather, per-
haps, than in the expectation) that the enemy would be unable to put
in the field so large a force as 500,000 men then threatened. The
reality is, however, now npon us, and there is no escape from the
necessity of meeting this gigantic invasion at every point of assault.
From Arizona to the Chesapeake Bay and along tlie whole of our

CONFEDEKATE AUTHORITIES. 765

exteiuled sea-coast ai'inies are marshaled for defense, and the expendi-
ture for this vast military force cannot be limited at our will. The
estimates are for about 400,000 men, and it will be entirely unsafe to
make any reduction in them.

It is proper to say that under the belief that entire candor and
confidence should mark all communications between the executive
and legislative departments of the Government, I have abstained
from the not uncommon practice of presenting exaggerated estimates
in anticipation of a reduction by Congress in the amount appropri-
ated. I have therefore reduced the estimates made by chiefs of
bureaus to the amounts deemed by me sufficient, after full examina-
tion, as will appear to a striking extent in the annexed letter of the
Quartermaster-General, dated 30th of November. I trust, therefore,
that Congress will appreciate the motive which has dictated this
course, and will so far honor me with its confidence as to feel satis-
fied that the estimates cannot be further reduced without danger to
the public defense. The appropriations heretofore made being now
nearly exhausted in some branches of the service and entirely so in
others, the estimates now presented cover the four months of Decem-
ber, January, February, and March, and amount to a fraction over
890,000,000. Thenceforward it is not to be hoped that the expendi-
tures of this Department can fall short of $24,000,000 per month
until the restoration of peace, or at all events until the renewal of
commerce with foreign nations, which would greatly reduce the cost
of all military supplies. The amount called for, divided among the
different bureaus, is as follows :

1. Quartermaster-General $73, 323, 701

3. Commissary-General 13, 650, 807

8. Ordnance Bureau -_ 4,000,000

4. Surgeon-General's Bureau 370, 000

5. Engineers' Bureau. 300,000

6. Contingencies of the Army 50, 000

7. Contingencies of the War Department 20, 000

8. Contingencies of Adjutant-General's Office 10, 000

9. Pay of the head of War Department, clerks, and officers 10, 000

Total 90,634,508

I annex hereto the detailed estimates of the different bureaus,
marked A, B, C, D, E, F, and G. * The items of the estimate for the
Ordnance Bureau are not repeated in the Estimate D, being the
same as those contained in the estimate of the last session and not
granted by Congress. That Bui-eau is now without one dollar remain-
ing of the appropriation made at the last session, and is in urgent
need of supplies, which cannot be postponed.

Very respectfully, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

CiRCULAK. ] Confederate States of America, War Dept.,

Richmond, Noverriber — , ISHl.

1. No unarmed troops can be accepted for a less period than during
the war.

2. Unarmed troops (infantry) offered for the war are accepted by
companies, battalions, or regiments, and when mustered into st^rvice
are ordered into camp of instruction until equipped for the field.

♦Estimates not of record in War Department letter book.

766 CORRESPONDENCE, ETC.

■i. Ai-ms will be furnished to all unarmed troops accepted for the
war when ordered into the field.

4. Arms furnished by troops for the war will be paid for, if required,
upon valuation by a proper officer when the troops are mustered into
service, and when it is deemed practicable will be improved at Govern-
ment expense. Rifles, muskets, or good shotguns will be accepted, but
no arms can bo furnished or paid for to troops enlisted for twelve
months only.

0. No cavalry can be accepted unless armed with at least one kind
of serviceable arms. No cavalry can be received for twelve months
unless alreadj' fully armed and equipped. No horses arc furnished to
cavalry. Only such as are killed in battle are paid for; but 40 cents
per day are allowed for the use and risk of horses.

0. When artillery companies furnish their own guns for the war the
guns will be paid for and the batteries equipped, including horses,
when ordered to the field.

7. No troops can be accepted for local service unless required by
the officer commanding the department in question and fully armed,
and then only as prescribed by the act of Congress entitled "An act
to provide for local defense and special service," receiving subsistence,
pay, <fce., only while i)i actual service or under orders. Except under
this act no troops can be accepted with any condition as to where they
will serve.

8. Companies elect their own ofi&cers, and until they receive com-
missions the muster-rolls furnish full evidence of their rank. No com-
pany can be accepted unless fully organized — if infantry, with at least
sixty-four; if cavalry, with at least sixty; if artillery, with at least
seventy privates.

9. No regiment or battalion can be accepted unless already organ-
ized by the election of fi^eld officers, which officers then receive com-
missions, with rank from the date of mustering into service. When
companies already accepted are afterward organized into regiments
or battalions, the President appoints the field officers; but in no ease
will a commission be conferred or promised in advance.

10. A regiment is by law composed of ten companies, neither more
nor less. A battalion is entitled to no other field officer than a major,
unless the number of companies exceeds five.

11. Staff officers, quartermaster, commissary, surgeon, assistant sur-
geon, chaplain, and adjutant (when this latter is not already lieuten-
ant of the regiment) are always appointed by the President through
this Department. The recommendation of the commanding officer is
respected in making such appointments, and he ghould forwai-d his
recommendations to this Department as soon as mustered into service
or as a vacancy may occur. Except staff appointments upon the recom-
mendation of the commanding officer upon whose staff the vacancy
exists, no appoinfiments are now made from civil life.

12. No troops can be mustered into service except by order of the
Adjutant and Inspector General, upon information that the troops are
accepted by this Department and ready to be mustered.

1-3. No supplies, transportation, &c., can be furnished to any troops
until already mustered into service. When troops are mustered in they
\\ ill be supplied by the nearest quartermaster and commissary until
otherwise provided for.

14. Commutation is allowed for clothing furnished at the rate of $25
for six months, payable to the captains of companies upon vouchers
presented to the Quartermaster's Department, showing that their men
are supplied according to regulation with clothing for the time specified.

CONFEDERATE AUTHORITIES. 7G7

15. All supplies of clothing or other stores for soldiers, hospitals, &c. ,
from private contributions will be transmitted free if delivered, prop-
erly addressed, to an officer of the Quartermaster's Department; but
no person can receive free transportation for the purpose of conveying
such articles.

10. All communications from persons in the service must be trans-
mitted through the office of the Adjutant-General, and all communi-
(•ations from subordinates must be duly forwarded through their
commanding officer. No ofEer of resignation or application for dis-
charge, furlough, &c., and no requisitions will be considered nnless so
transmitted. All communications from camps should contain, in addi-
tion to the specification of the regiment, the name of the post-office to
which answer should be addressed.

J. P. BENJAMIN,
Acting Secretary of War.

Circular.] Confederate States of America,

Quartermaster-General's Department,

Richmond, Va., November — , ISOl.
The following additional instructions in reference to impressmeiils
of i^rivate property for military purposes are issued for the informa-
tion and guidance of officers and agents of this department :

1. An officer appointing agents to make the impressments will in
all cases furnish such agents written evidence of their authority to
act, and agents, whenever required by parties interested, will exhibit
the orders or authority under which they are acting.

2. Agents who make impressments will in all cases give to the
owner of the property impressed or his agent a certificate stating the
character and value thereof, and they will moreover return to
the office of the department from whom they derive their authority a
statement of all property impressed by them, with the name of the
owners. An abstract of these statements will be forwarded to this
office by the officer to whom they are returned.

3. Impressments must not be resorted to, except when absolutely
demanded by the public necessities, and their burden must be appor-
tioned among the community, so far as may be possible, equally and
impartially, having due regard to the means and ability of owners of
property.

4. When teams and other property, including slave teamsters, are
impressed into the service of the Confederate States, the owners
thereof may be compensated by officers of the Quartermaster's
Department at the usual rates of hire.

5. When the owners of any property impressed into the public
service (slaves excepted) are willing to relinquish the same to the
Government, the officers of the Quartermaster's Department may pay
the fair appraised value thereof and take up the property in their
returns, to be accounted for as other public property.

G. When private property has been duly impressed by order of the
commanding officer, and it shall appear by satisfactory evidence to
have been expended in the public service, officers of the Quarter-
master's Department may pay the fair appraised value thereof,
although the property may not have been regularly received and
issued by any quartermaster.

•^ ■^ A. C. MYERS,

Acihuj Quartermaster- General.

768 cokeespondence, etc.

War Department,

December 2, 1861.
Tlie President :

Sir: In response to the resolution of Congress addressed to you and
referred to me for answer, making inquiry " whether any restrictions,
and if so, what, have been placed upon vessels leaving the ports of
the Confederate States other than those imposed by law; and if any
such have been imposed, by what authority," I have the honor to
report: That having been reliably informed that certain vessels were
engaged under color of neutral commerce in furnishing to the enemy
supplies of naval stores by voyages ostensibly undertaken for British
ports, but really intended for Boston, New York, and Philadelphia, I
determined to arrest a traffic so unlawful and so hostile to our safety.
I accordingly addressed to General Anderson, then in command at
Wilmington, on the 8th of October, the order contained in the annexed
extract, marked A. Having been subsequently informed by the Sec-
retary of the Treasuiy that he had, without knowledge of this order,
granted a clearance to two vessels laden with naval stores and alleged
to be neutral and bound for British ports, a second order was issued
by mc, on application of the owners of those vessels, under date of
21st of October, followed by two others of 15th and 25th of November,
hereto annexed, marked B, C, and D. These orders explain them-
selves. They had reference exclusively to naval stores, known to the
law of nations as contraband of war. The enemy greatly needed such
stores to fit out the naval expeditions then in progress of preparation,
and known to be intended for invasion of our coast. The enemy's
fleet was blockading the very harbor from which these naval stores
were about to be sent, and thei-e was imminent risk of their capture.
The authority for retaining the vessels loaded with these stores
under the circumstances was that general authority vested in the
executive power of all nations engaged in war to prevent any aid,
assistance, or comfort from being given by persons within their juris-
diction to the public enemy.

No interference with any other cargoes has occurred, but I shall
deem it my duty, unless otherwise ordered, to prevent any cargo from
leaving any blockaded port whenever reasonable cause is shown for
suspecting that the cargo is not shipped in good faith for the purpose
of running the blockade, but is intended to be captured by the enemy.
It is obvious that collusion of this sort under neutral flags would be
the easiest possible mode of furnishing supplies to our foes, and that
the military authority must have some discretion to prevent the
accomplishment of such schemes. The discretion may be abused
undoubtedly. The best remedy in such cases is the dismissal of the
oflicer who abuses the discretion.
Your obedient servant,

.1. J'. BENJAMIN,

Secretary of War.

Confederate States op America, War Department,

Richmond, October 8, 1861.
Brig. Gren. J. R. Anderson,

Wilmington, N. C:
Sir : * * * The Department is not willing that you should per-
mit vessels to depart from your command, laden with naval stores, no

CONFEDERATE AUTHORITIES. 769

matter under what flag nor to what destination. These stores are in
a majority of instances applied to the fitting out of hostile expedi-
tions against us. They are sent either directly or circuitously to our
enemies, and aid them against us. You are instructed not to allow
such shipments to be made.
Your obedient servant,

J. P. BENJAMIN,
Acting Secretary of War.

Confederate States of America, War Department,

Richmond, October 21, 1861.
Brig. Gen. Jos. R. Anderson,

Wilmington, N. C:
Sir': I wrote you a short time ago that no vessels were to be per-
mitted to leave the ports of North Carolina laden with naval stores
whilst those ports were blockaded. This order was dictated by the
plainest necessity of self-defense. We could not permit the enemy's
fleet to seize those supplies which the enemy most required in prose-
cuting the war.

It seems, however, that the two vessels to which you referred were
laden under the faith of a permit from the Secretary of the Treasury,
on assurances deemed by him reliable, that they would go across the
Atlantic. Under these circumstances the Government, of course, feels
bound not to disappoint the just expectations of the neutral owners,
whilst it feels compelled to spare no effort to prevent the enemy taking
advantage of the shipment of these stores.

You are therefore instructed to permit these two vessels to depart
with their cargoes whenever you shall feel satisfied that they can
leave the port without risk of capture by the blockading fleet.
I am, your obedient servant,

J. P. BENJAMIN,
Acting Secretary of War.

P. S. — The owners have been informed that if they are not willing to
wait till they can depart with safety, the Government will purchase
their cargoes, with a fair allowance for indemnity for loss of voyage.

C'ONFEDERATE STATES OF AMERICA, WAR DEPARTMENT,

Richmond, November- 15, 1861.
General Jos. R. Anderson,

Wilmington, N. C:

Sir: In my former letter on the subject of the two vessels laden
with naval stores I informed you that you were at liberty to permit
Iheir departure whenever they could leave without risk of capture by
the blockading fleet.

The owners complain that by this language you understand that the
vessels are not to depart till the blockade is raised. Such was not my
meaning. The idea was that on the many occasions which occur, by
tempestuous weather or other causes, when the vessels employed on
the blockade temporarily disappear, you were at liberty to use your
discretion to permit the departure of the neutral' vessels. Perhaps
the best test is this : Suppose yourself to be the owner of the neutral

40 R R— SERIES IV, VOL I

770 CORRESPONDENCE, ETC.

vessel, and then whenever you think the chance of escape such as
would induce you to try it for yourself if uninsured, you would be
justified in allowing these vessels to depart.
Your obedient servant,

J. P. BENJAMIN,
Acting Secretary of War.

CONrEDERATE STATES OF AMERICA, WAR DEPARTMENT,

Richmond, November 25, 1861.
J. P. Levy,

Wilmington, N. C:
Sir : Your letter of November 20 in regard to your proposed voyage,
which had been. previously brought to the attention of the Department
by your letter to Hon. R. M. T. Hunter, is received.

The Government will make no objection to your voyage as proposed,
but can make no advance of money nor take any interest or risk in
connection with it.
Respectfully,

J. P. BENJAMIN,
Acting Secretary of War.

Savannah, December 2, 1861.
Hon. J. P. Benjamin,

Secretary of War:
Sir : I have the annexed list of goods on board ship Cheshire, at
Nassau, New Providence, for sale, deliverable there. Will you buy
them, and at what advance on the cost in England ? I expect another
somewhat similar cargo by the Consul, to Halifax, by the 15th instant.
Will you buy it also, deliverable there? If your commissaries do not
put a limit on prices they will soon exhaust your credit in their reck-
less purchases — coffee $1 to $1.20 per pound, and many other things
nearly as bad. They are the only buyers of provisions, and can fix
the prices, and they should be moderate and fair, and pay no more.
They can get as much coffee at 30 and 40 cents as at $2 per pound.
Nor is it necessary to buy coffee at such prices at all. The volunteers
would not expect it. Please excuse these suggestions.
Very respectfully,

G. B. LAMAR.

Memorandum of goods imported per British ship Cheshire from Liver-
pool to Nassau, New Providence.

Seven hundred and twenty-one bags coffee, 4,000 sacks salt, 500
boxes coketerre plates, 500 boxes charcoal tin plates, 38 casks pickles,
75 crates earthenware, 2 cases cotton twist, 5 bales worsted shirts,
hose, &c., 5 bales twine, CO bales and 2 packages blankets, 1 case
pins and needles, 2 cases and 1 package drugs and cotton lint, 1 bale
buntings, 1 bale counterpanes, 1 case boots, 12 boxes block tin.

[TndorBement.]

For coffee the highest i>i'ice hitherto paid, as far as the records of
this of&ce show, has not exceeded 41 cents. The limit has been fixed

CONFEDERATE AUTHORITIES. 771

at 45 cents. I was oflEered some at 80 cents, never having heard that
more had ever been asked. The writer is mistaken as regards reck-
less purchasing by commissaries of the Confederate States. It is
possible that State commissaries, or some traveling body of men, may
have on their own account made such purchases. It is respectfully
suggested that a copy of this letter be furnished this department, to
be forwarded to the chief commissary at Savannah.

L. B. NORTHROP,
Commissary- General of Subsistence.

[December 2, 1861. J
Gentlemen op the Senate and House of Representatives:

According to the legally expressed will of the people, I am present
to-day to take the oath and assume the duties prescribed for the Chief
Executive of the State of Alabama. Diffident as I well might be at
any time to undertake a trust of such large responsibility, now that we
are in the midst of momentous events requiring vigilance, fortitude,
labor, and skill beyond the ordinary demands of our internal adminis-
tration, the stoutest heart and wisest intellect might hesitate in view of
all the just expectations of the country. But with an unwavering
faith in the God of Providence, and humbly invoking His sustaining
power and guidance, I shall earnestly address myself to the work before
me ; and the cheering prospect of a great people, well knowing the
inestimable value of liberty, cordially united as brothers in Its defense,
aif ords the gratifying assurance that an entire self-consecration to the
common cause will at least merit their approbation. In response to
many partial friends whose generous proposals induced me to announce
myself as a candidate for Governor, I declared that, should their
preference for me be indorsed by the people, I should enter upon the
executive office untrammeled by personal or party combinations, and
with no other purpose than to gain the esteem and confidence of the
State by the diligence with which I should strive for the maintenance
of her every right and the advancement of her every interest. And
here on this solemn occasion I renew this declaration and these assur-
ances to you, and the sovereign people of Alabama whom you have
the honor to represent in the General Assembly. And I am persuaded
that the same spirit and purpose animate you, and that amid the
clangor of arms, the thunder of artillery, the divisions which sprang
out of our former federal relations are ignored, and from these legis-
lative halls shall go forth to rejoice the hearts of a confiding constitu-
ency the assured fact that their trusted public servants are emulous
only for the achievement of that which will most surely promote the
public weal and protect the honor of Alabama. In devising the best
means for the attainment of these ends there may arise differences of
opinion, but as these are the necessary result of independent judg-
ment they will more fully illustrate our patriotic devotion when fol-
lowed by'a hearty acquiescence in those measures which may obtain
the legislative sanction. As Alabamians we can have no higher ambi-
tion, no loftier aim in this life than to live and labor for this grand
Commonwealth of ours.

With almost every variety of soil and climate and product of agri-
culture, with inexhaustible supplies of all those mineral deposits essen-
tial to advancing civilization, with 'navigable waters of thousaiidK of
miles, unsurpassed, if equaled, in their providential arrangements and

772 CORRESPONDENCE, ETC.

adaptation to the demands of commerce by those of any other single
State, with extended lines of railway opening up other channels of
communication, now so fortunately contributing to the public defense,
Avith a governmental organization based upon our admirable constitu-
tion, securing permanency and efficiency, harmoniously blended in the
administration of its various departments, and, above all, and better
than all, with its great popular heart devoted to liberty, yet obedient
to law, full of energy and self-reliance, respectful of the rights of
others and sensitively jealous of its own, braving all dangers and
daring all things except the displeasure of the Almighty — who could
not afford to suffer, who would not be willing to die for Alabama? We
have reached an eventful era in the progress of the State. Our usual
tranquillity and regular pursuits have been disturbed by the tocsin of
war. The emergency will test the mettle and the nerve of the body
politic. But the historian who records our sacrifices shall also record
our triumphs. Pending the interruption of active industry and its
appropriate rewards, the people expect the General Assembly to devise
such expedients as with a rigid economy may alleviate the pressure of
unaccustomed burdens, which shall likewise maintain public order
and preserve the public faith unimpaired. No measures of legislation
are, however, more delicate, none more hazardous than those which
affect the finances or. interfere with the legitimate pursuits of the
people. Governments are instituted among men to protect life, lib-
erty, and property, and the great merit of our republican system has
ever been that it secures the largest enjoyment of all our natural
rights consistent with the general good ; and the special boast of the
slave-holding States of America is that we have as a basis of our con-
servatism an establishment of domestic labor which gives strength and
stability to their government. While Alabama is now engaged in
active hostilities, and the fleets of the enemy are hovering upon her
coasts, the internal machinery of her State organization remains intact
in all its parts and proportions, and her people calmly repose beneath
the sheltering segis of her laws. This assured protection of the citi-
zen in all his just rights, as well against internal violence as against
external wrong, has laid the foundations of our public credit and pros-
peritj", and will bear us safely through the perils which surround us.
While the Legislature shall provide appropriate and needful relief
amid the disturbed condition of affairs, I cannot doubt that it will so
guide its deliberations as not to Aveaken but to uphold and strengthen
our State efficiency and power, and thus justify the confidence enter-
tained by the people in its wisdom and patriotism. And, as public
servants intrusted with all the vast interests of the^State, it becomes
our duty to fortify her position by every means at our command ; co
stimulate the energies of her people and encourage those internal
enterprises and industrial adventures which shall contribute to the
piiblic benefit; to promote the popular intelligence, elevate the public
morals, and strengthen the public confidence, and to infuse and
intensify that spirit of State independence. State loyalty, and State
pride which shall link her people in closer sympathy and attach them
to Alabama with all the ardor of devoted sons. I need hardly give
assurance that I will cordially co-operate with the General Assembly
in all such measures as may promise the accomplishment of the most
desirable results. In .Janiiary last, after years of patient endurance
of wrong and insult, under the vain hope of a returning sense of
justice, Alabama withdrew from her compact with the United States
and entered into a new federal alliance with the States of the South,

CONFEDERATE AUTH0E1TIE8. 773

homogeneous in character and identified with her social and political
institutions.

The exercise by her and her sister Confederate States of their
unquestionable right as sovereignties to withdraw their delegation of
powers from an agent which had violated their confidence and set at
defiance their authority has brought down upon their people the
malice and vengeance of the despotic Government at Washington.
I'he people of the States at the North, under the control and direction
of Abraham Lincoln and his conspirators against their own Constitu-
tion and laws, have invaded our peaceful shores and madly threaten
our subjugation. When this unholy and cruel war shall close, as
close it must in disaster and shame upon the heads of its authors,
the civilized world will stand amazed at the folly and wickedness of
a people whose liberties were achieved by the combined toil and com-
mingled blood of their fathers and our fathers fighting together for
the inalienable right of self-government. Our coasts may be ravaged,
our cities and towns reduced to ashes, our fertile fields may wither
beneath the tread of a hostile foe, and our happy homes made desolate,
and this proud capitol of a great and free people — its halls sanctified
by their ordinance of secession and the Constitution of the Confed-
erate States of America — may be demolished by the guns of the
enemy, but the sacred right of self-government, inherited from our
fathers and stamped with their life's blood, Alabamians never will
sui-render. But as there is a just God above us, who teareth down
and buildeth up empires, the God of our fathers, who conducted
them to victory while engaged in the same righteous cause, and who
has already graciously crowned our arms with triumphs, we commit
the issues into His hands, and with humble confidence and sustaining
faith that, though through toil and privation and treasure and blood
it must be achieved, we shall drive the invaders from our land, and
finallj' establish these Confederate States of America among the sep-
ai'ate and independent powers of the earth.

States caring not what freedom's cost may be,
May soon or late, but must at last, be free.

Warned, however, by the mad fury of the enemy and the mighty
struggles now being made by land and by sea to plunder, oppress, and
humiliate our people, and relying, as the Confederate States do and
must, upon their own unaided power for their defense, it becomes our
first duty as a wise people to develop and husband all our resources,
and to devote all the ability of the State to maintain the high position
she has assumed, and in unity with her sister Confederate States to
iiphold the arm of constituted authority, and to fight on and fight
ever until we conquer a peace which shall not only compel an
acknowledgment of our confederate system, but which shall bring us
a deliverance, full and unrestricted, from all commercial dependence
upon, as well as from all social and political complications with, a
people who appreciate neither the value of liberty nor the sanctity of
compacts. Alabama did not separate from them a day, not an hour,
too soon, and while a speedy peace might be grateful to our love of
case and present comfort, and might save many a heart from anguish,
the permanent good of the State and the Confederacy will be most
certainly attained by that degree of suffering, that amount of endur-
ance and self-sacrifice, which shall consolidate the masses and unite
our people in the fixed and irrevocable purpose to maintain as perfect
an independence of the United States as of all other organized

774 OOREESPONDENCE, ETC.

governments. This wo have the right to assert, and this, with the
blessing of God, whose favor Ave implore, we shall nltimately obtain.

JOHN GILL SHORTER.

Confederate States of America, War Department,

Richmond, December 2, 1861.
Hon. C. G. Memminger,

Secretary of the Treasury :
Sir: This Department has emploj'ed Mr. G. H. Giddings as agent
to purchase arms and munitions of war, and he has made arrange-
ments for their purchase in Matamoras. To provide funds for that
purpose it is deemed best to remit cotton to that place to be sold by
Mr. Giddings or by Mr. Charles Stillman. If, therefore, you can
authorize Mr. Giddings to purchase for account of the Treasury
10,000 bales of cotton under the recent authority vested in you by
Congress, for remittance to Matamoras, the proceeds of the cotton
there sold would furnish the money required for paying for the arms.
Mr. Giddings has also made an arrangement with Messrs. A. Uhde
& Co., a commercial firm in Matamoras of which the English consul
is partner, for advances on cotton to the amount of 10 cents per
pound if it is found more advisable to ship than sell the cotton; and
authoritj' will be required from you to make this disposal when found
by Mr. Giddings more advantageous than sale in Matamoras. The
purchase of cotton by Mr. Giddings to be made for bonds to the
extent of three-fourths of the price, and Treasury notes for the
remainder, is said by him to be entirely practicable at rates which
will place the cotton in Matamoras, all charges included, at a cost
of not more than 12 cents per pound. I will in the course of a day
or two make requisition on you for the amount requisite to meet
the immediate payments falling due for arms and lead that must
already have reached Matamoras.
I am, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

Confederate States of America, War Department,

Richynond, December 2, 1861.
His Excellency Francis R. Lubbock,

Governor of Texas:
Sir: The Ordnance Bureau of this Department has employed Mr.
G. H. Giddings, of your State, as its agent for the purchase of arms.
Mr. Giddings has made arrangements for such purchases in Mata-
moras, payment to be made in the U. S. bonds now held by your State,
which, as he thinks, can be used for that purpose, if you consent.
The object of this letter Is to inform you that if you will make use
of the U. S. bonds in your possession in the purchase of arms to be
approved of by Mr. Giddings, and at prices satisfactory to him, this
Government will receive the arms from you at cost and charges, and
pay for them in its own 8 per cent, bonds. By this arrangement you
will succeed in exchanging your U. S. bonds, now useless, and bear-
ing only G per cent., for the bonds of the Confederate States bearing
interest at 8 per cent., and receive the interest regularly and punctii-
ally. I hope Your Excellency may deem it consistent with your sense

CONFEDERATE AUTHORITIES. 775

of public duty to make an arrangement which seems to be i-ecom-
mended by so many advantages.

1 am, your obedient sei-vant,

J. P. JiEN.IAMIN,

Secreiary of War.

Adjutant-General's Office,

Richmond, Va., December 2, 1861.
Hon. J. P. Benjamin,

Secreiary of War, Confederate States of America :
Sir: As the exercises of the military school of this State will be
resumed in full on the 1st proximo, and both tlie Governor and Board
of Visitors desire to make it, as far as possible, conducive to the
operations of the Confederate service, I have thought it advisable to
inform you of the facts stated, and transmit the inclosed extract of a
private letter to me from Col. F. H. Smith, the superintendent. Though
it is a mere glance at the subject, permit me to add that the Board of
Visitors will be pleased to receive the views of the President and
yourself, and to meet them as fully as it may be in their power to do
so now and hereafter.

I am, with high respect, vour obedient servant,

AVM. H. RICHARDSON,
Adjt. Gen. of Virginia and ex officio Member Board of Visitors.

[Inclosure.]

Extract of a letter from Col. Francia H. Smith, commanding at
Craney Island, dated November 23, 1861.

I will say to j'ou in all frankness that this post is the most important
at this juncture to the Southern Confederacy. From instructions
just received, the result of the recent attack on Hilton Head, I am
led to believe the same demonstration is expected hei-e, and that the
reliance of the Department U not merely upon skillful, drilled artil-
lerists, but upon having officers in charge who understand the theory
as Avell as practice of artillery service. Important changes are going
on, the result of the heavj' rifled ordnance, and an officer must under-
stand the principles of these to do his duty here. I had last night a
meeting of my captains and lieutenants, with a view of imparting to
them instruction on some of these points, and shall continue these
meetings from time to time until I feel sure that they are familiar
with the details. I am anxious that the Board shall settle the question,
as far as they can do it, with regard to the connection of the Institute
with the Southern Confederacj'. I think that all that is valuable in
the art of war may be secured by having an understanding with the
Confederate Government that at each annual examination the Secretarj'
of War shall notify the Board of Visitors of the number of officers
required for the militarj' service, then send a board of examiners to
meet when the Board is in session, that they may examine the grad-
ual ing classes and report to the President the names of such as are
recommended for commissions in the Army, the arm of service for
which they are fitted, &c. This would give the Government all the
advantage it might require of the school.

[December 2, ISfJl. — For Benjamin to Pike, in relation to raising
Indian troops, &c., see Series I, Vol. VIII, p. 699.]

776 CORRESPONDENCE, ETC.

[December 2, 18G1. — For lienjamin to Bragg, in relation to the
re-enlistmient of troops for the war, see Series I, Vol. VI, p. 773.]

Confederate States of America,
Ordnance Office, War Department,

Richmond, Va., December 4, 1861.
Hon. J. P. Benjamin,

Secretary of War:
Sir : Referring to act No. 232 of the third session of the Provisional
Congress of the Confederate States, "making appropriations for the
public defense," approved August 21, 1861, 1 have the honor to report
tiiat the amount apportioned to the Ordnance Department, in accord-
ance with the provision in the second section of said act, is now
entirely exhausted. I estimate that about $1,750,000 will be required
for the necessary expenses of the department during the current
month of December.

Very respectfully, your obedient servant,

J. GORGAS,
Lieutenant- Colonel and Chief of Ordnance.

Special Orders, ) Adjt. and Insp. General's Office,

No. 254. [ Richmond, December U, 1861.

XV. Hereafter the bodies of deceased soldiers will not be trans-
ported home except on the application of father, mother, son, or
wife.

*******

By command of the Secretary of "War:

JNO. WITHERS,

Assistant Adjutant- General.

Resolutions of confidence in our cause of xvar, and in the President,

and in the Army.

Resolved, That we, the delegates of the people of North Carolina in
convention assembled, entertain an undiminished confidence in the
justice of the cause in which we have taken up arms, and we hold it
to be the duty of the people of the Southern States 1;o maintain and
uphold that cause with all the means they can command.

Resolved, That in behalf of the people of North Carolina we declare
to our sister States of this Confederacy and to the world that no
measure of loss, no sacrifice of life or property, no privation or want
shall cause us to shrink from the performance of our whole duty in
the achievement of our independence.

Resolved, That from the cruel and barbarous manner in which our
enemies have carried on this war — a war in which aged and dignified
men and helpless women have been seized and without accusation or
warrant or authority cast into prison ; in which private property has
been wantonly destroyed ; in which robbery and arson are principal
means of aggression, and in which servile insurrection has been pro-
claimed, we are convinced that there is a "radical incompatibility"
between such people and ourselves; and from them our separation is

CONFEDERATE AUTHORITIES. 777

final, and for the independence we have asserted we will accept no
alternative.

Resolved, Tliat we have full confidence in the wisdom, integrity, and
patriotism of the President of the Confederate States, and we congrat-
ulate him and our whole country upon the success with which he has
administered the Government.

Resolved, That to the officers and soldiers who have gone forth to
nieet the dangers of this war we are under a deep debt of gratitude
for the valor and fortitude with which they have defended us from
the assaults of our enemies and illustrated the glory of our arms.

Resolved, That a copy of these resolutions be sent to our Repre-
sentatives in Congress with a request that they be communicated to
Ilis Excellency the President of the Confederate States of America
and to Congress.

Passed and ratified in open convention the 6th day of December,
A. D. 1861.

W- N. EDWARDS,
President of the Convention.

JAMES II. MOORE,
Secretary of the Convention.

AN ACT for the employment of laundresses in military hospitals.

The Congress of the Confederate States of America do enact, That
superintendents of the different military hospitals be, and they are
iiereby, authorized to employ laundresses for the sick and wounded
soldiers, at such rates and in such numbers as may be prescribed by
the War Department.

Approved December 7, 1861.

Headquaeters Provisional Forces,

Dept. of Middle and East Florida,

Tallahassee, December 7, ISai.
General R. E. Lee,

Charleston, S. C:
General : I have the honor to forward herewith a communication
from the president of the Pensaeola and Georgia Railroad Company,
and also one from the chief engineer of the same, botli in reference to
what I deem a very important matter, and one to whicU I take the
liberty of soliciting and urging your early and earnest attention. I
fully concur in and indorse the views expressed by Mr. Latrobc, the
chief engineer. If the necessary pecuniary aid, some $80,000, can be
obtained from the Government, this, the only missing link in the chain
of railroads between this point and Richmond, can be supplied by the
1 .st of March proximo. The iron is already in the country.
I am, verj' respectfully, yoiir obedient servant,

J. H. TRAPIER,
Brigadier- General, Commanding.

[First indorsement.]

Headquarters,
Coosawhatchie, December 19, 1S61.
Respectfullj' forwarded and recommended to the favorable con-
sideration of the Honorable Secretary of War.

778 COERESPONDENCE, ETC.

If aid can be extended so as to complete the connection between
the railroads in question, it will be of the greatest advantage in a
military point of A'iew at the present time.

K. E. LEE,

General, C(ymnianding.

[Second indorsement..]

December 20, 1801.

Respectfully submitted to Secretary of War.

S. COOPER,
Adjtdant and Inspector General.

[luclosurc.]

Office Pensacola and Georgia Railroad Company,

Tallahassee, December 6, 1861.
General Trapier:

Sir: 111 compliance with your verbal request I inclose to you a
communication from Mr. Latrobe, the chief engineer of tliis com-
pany, showing the condition of the work on the branch road con-
necting the Pensacola and Georgia Railroad with the Atlantic and
Gulf Railroad of Georgia. In September last, in an interview with
Mr. H. Roberts, the acting president of the Georgia road, I was
informed that his companj' had progressed far enough with their
grading to commence track laying, and that his companj- had iron
enough to lay the portion of the connecting line in the State of
Georgia and would co-operate with this company if we could procure
the iron.

Yours, very respectfully,

E. HOUSTOUN,

President.

[Sub-incl08ure.]

Engineer's Office, Pensacola and Georgia R. R.,

Tallahassee, December 6, 1861.
Col. E. Houstoun,

President Pensacola and Georgia Railroad Company:
Sir: In accordance with your desire to know the present condition
of the Florida portion of the Georgia connection, twenty-two miles in
length, in order that you may lay the same before the military authori-
ties of the Confederate States, petitioning for aid in obtaining iron to
complete a work so necessary to the successful defense of our Gulf
coast, I submit the following: The grading is complete, excepting one
mile, which the contractors now at work will iinish by January 1, 18G1
[1862]. The necessary culverts are all in with some few exceptions — •
four, I think, which could not delay the progress of the track laying.
The cross-ties for eight miles north of the point of divergence from the
Pensacola and Georgia Railroad are delivered along the line of road,
making the track complete to the south bank of the Suwannee River.
From the north bank of the Suwannee River to the Georgia State line,
a distance of fourteen miles, six miles of cross-ties are ready for the
road, leaving eight miles still to be furnished. These are contracted for
and will be forthcoming at an early date. The work still to be done
consists, therefore, of one mile of grading, eight miles of cross-ties,
and the building of the Suwannee bridge, a simple structure of one
span (160 feet), for whicli the drawings and patterns are all prepared,
and which, according to our recent consultation and decision, will be

CONFEDERATE AUTHORITIES. 779

f raine<l in the shops of the company at Tallahassee, transported to the
Suwannee River, and put up without delay. In relation to tlie time of
completion I would further say that, cut off as we are by the blockade
from the possibility of getting iron from Savannah to Fernandina by
water, that portion of the connection in the State of Georgia would
have to be laid first, thus giving us an abundance of time to prepare
our portion of the work and even to bed the cross-ties. The amount
of ii'on required to lay our portion of the road would be about 1,500
to 1,600 tons at seventy tons per mile. This could be laid, if
required, in one month. The preparation of the road bed for the iron
will about exhaust the now crippled resources of the company, cut off
as they are by the blockade from their usual revenue from the trans-
portation of cotton to the coast. Upon the military necessity of the
work there can be no difference of opinion. Its point of divergence
from our sj'stem of roads is nearly midway between tlie Apalachicola
and Fernandina, on the Atlantic Coast, making both east and M'est
equally accessible by rail, and giving us a direct communication with
Savannah and all the Northern routes from which Florida has hereto-
fore been cut off. In point of economy I believe it will also be advan-
tageous to the Confederacy. As things are now, a line of wagons will
have to be established by Government between the nearest point on the
Savannah, Albany and Gulf Railroad and Monticello, in this State, a
distance of about twenty miles, and althoiigh the first outlay will not
be so great, still in the end the balance will undoubtedly be in favor of
ironing the Georgia connection. In conveying troops to a threatened
point on the coast the railroad might save millions, while the delay in
marching twenty miles across the border would be disastrous. I there-
lore think in petitioning Government for aid in this matter you are onlj'
doing the Confederate cause justice in the State of Florida in forward-
ing the railroad interests of which State you have already done so
much. With the hope that the petition may be successful I respectfully
submit the above.

C. H. LATROBE,

Chief Engineer.

Act of the Oeneral Assembly of South Carolina.

AN ACT to amend and suspend certain portions of the militia and patrol laws of

this State.

I. Be it enacted hy the Senate and House of Representatives, noiv
met and sitting in General Assembly, and by the authority of the same.
That all free white males between the ages of sixteen and sixty shall
be liable to perform ordinary military duty during the existence of
the war between the Confederate States and the United States of
jVmerica, except the persons exempt from all militia service.

*******

Passed December 7, 1801.

[December 0, 18G1. — For Milton to Davis, in relation to military
affairs in Florida, see Series I, Vol. VI, p. 341.]

780 CORRESPONDENCE, ETC.

Raleigh, N. C, December 0, ]S61.
Ilis Excellency Jefferson Davis,

President of the Confederate States of America :

Sir: As the organ of the convention of the State of North Carolina
I have the high satisfaction of transmitting to you a series of resolu-
tions unanimously passed by that body.* In performing this duty I
take great pleasure in assuring you that, from unmistakable indica-
tions of public opinion derived through the most reliable channels, the
people of North Carolina, with unsurpassed and, I think I may add,
unequaled unanimity, cordially concur in the sentiments of the reso-
lutions. It is with no less pleasure I add that they feel a pride in hav-
ing a Chief Magistrate in whom they can repose entire confidence, and
upon whose official fidelity and eminent statesmanship and ardent
devotion to the cause of our j'oung Republic they confidently rely to
conduct them safely through the trying periods of the momentous crisis
now upon them, and that they will cheerfully jacld up all they have
and all they are in support of your patriotic efforts in the cause of
constitutional libertj\

Accept, if you please, assurances of my profound respect, and of the
liigh consideration with which I am, your obedient servant,

W. N. EDWARDS,
Chairvian of the Convention.

AN ACT for the admission of the State of Kentucky into the Confederate States
of America as a member thereof.

The Congress of the Confederate States of America do enact, That
the State of Kentuekj^ be, and is hereby, admitted a member of the
Confederate States of America, on an equal footing with the other
States of this Confederacy.

Approved December 10, 1801.

AN ACT to authorize the appointment of chief buglers and principal musicians
to regiments in the Provisional Army.

TJie Congress of the Confederate States of America do enact. That
the President be, and ho is hereby, authorized to appoint a chief
bugler or principal musician, according to corps, to each regiment in
the Provisional Army.

Approved December 10, 1801.

AN ACT to authorize the Secretary of War to appoint an assistant.

The Congress of the Confederate States of America do enact, That
the Secretary of War be, and he is liereby, authorized and empowered
to appoint an assistant, who shall be known as the Assistant Secretary
cf War, who shall perform siieh duties as may be assigned him by
the Secretary, and receive as compensation for his services 13,000 per
annum.

Approved December 10, 1861.

* See p. 776.

CONFEDERATE AUTHORITIES. 781.

Nassau, New Providence, December 10, 1861.
Hou. J. P. Benjamin,

Secretary of War, Richmond:

Dear Sir: I have just arrived here in distress. Twenty-four
hours after leaving Charleston we encoitntered heavy weather, which
increased to a gale, and during forty-eight hours we battled for life
inch by inch, expecting every moment to go to the bottom. The
water in the hold was up to our ash-pans, It was a terrible time and
we had all given up ourselves as lost. The captain, engineers, and
crew behaved nobly. The forward works were stove in, but the hull
has suffered no injury, at least I hope so. Probably the lower tier of
cotton is damaged. She will have to be recalked and examined. A
portion of her guards will have to be cut off; indeed, we ought never
to have gone to sea with the guards. It is altogether too dangerous
at this time of the year. This will cause a detention here of several
days and an expenditure, including coal, of probably 1900 to $1,000.
I ascertained an hour after my arrival that a British dispatch-boat
was to leave for Havana during the day, and, through the influence of
Mr. Adderly, the Governor has allowed the captain of the vessel to
give me a passage. I intend, therefore, to leave immediately, and
arrange with Mr. Helm so that there may be no unnecessary delay in
getting cargo at Cardenas. I trust you will approve of this. If the
cotton, or rather a small portion of it, is only slightly wet, I have told
the captain to bring it all on to Cardenas. If some of the bales should
be badlj- damaged they may as well be disposed of here. This letter
goes by the Gladiator, Captain Bird, who I hope to God will run the
blockade safelj'. Her cargo is immensely valuable, but you will know
all about this. Captain Bird was instructed to meet Helm hero and
was greatly disappointed in not finding him. As it would not do for
the steamer to remain here for any length x)f time, the captain has
concluded to go to-morrow, taking with him as pilot Mr. Lockwood,
a brother of our captain, who came out on the Isabel. Rather than
that he should have failed in getting the right man I would have
given up my captain, for the cargo of the Gladiator is worth ten Theo-
doras. The affair of the Trent, I find, creates a universal feeling of
indignation among the Britishers. I heard an ofl&cer say that if Gov-
ernment did not resent it becomingly he would forever renounce his
title as Englishman.

Remember me kindly to Lieutenant Martin and to Messrs. Kenner
and De Clouet, and believe me, very respectfully, your obedient
servant,

L. IlEYLIGER.

AN ACT to facilitate and complete the admission of Kentucky into the Confed-
erate States of America.

In pursuance of sections 8 and 9 of the constitution of the provis-
ional government of the State of Kentucky, which empower and
direct the Governor and Council to form a treaty for the earliest
practicable admission of said State of Kentucky "as one of the
Confederate States of America," upon an equal footing in all respects
with the other States of said Confederacy, and for the purpose of

782 COERESPONDENCE, ETC.

facilitating and completing the admission of Kentucky as one of the
said Confederate States —

It is hereby enacted by the Council of the provisional government of
the State of Kentucky, That the Provisional Constitution of the Con-
federate States of America, and all laws passed by the Provisional
Congress of said States, and the permanent Constitution of said Con-
federate States, are hereby declared to be, and now are and hereafter
shall be, the supreme laws of the State of Kentucky until the same
may be repealed, altered, or abolished by the authority of said Con-
federate States and in accordance with the said provisional and per-
manent Constitution of said Confederate States.

Sec. 2. It shall be the duty of the Governor to transmit immediately
a copy of this act to our commissioners at Richmond, to be by them
laid before the President and Congress of the Confederate States of
America.

Approved December 10, 1861.

Richmond. December 11, 1861.
Hon. J. P. Benjamin,

Secretary of War:
Sir: I respectfully submit for your consideration that serious and
almost insuperable difficulties embarrass this department in regard to
the payment of the militia now in the service of the Confederate
States. The act of Congress provides that whenever the militia are
called and received into the service they shall have the same organi-
zation and receive the same pay and allowances as may be provided
for the Regular Army. The Army Regulations direct that troops
shall be paid on muster and pay rolls, and the general instructions
from the Department of War prescribe that they shall be paid from
the time they are mustered into service or placed under oi-ders from
the Department. The embarrassments to which I have referred arise
from the fact that in many instances regiments, battalions, and com-
panies of militia are in service in Virginia, the numbers of which,
respectively, in rank and file, fall far below the minimum standard
prescribed by the law of Congress and also the militia law of Vir-
ginia. There are accordingly full complements of officers — field, staff,
and company — in the service and demanding pay according to their
respective ranks, whose commands are very far below the legal stand-
ard. Instances have informally been communicated to this depart-
ment where the rank and file of regiments of militip, in service do not
exceed the complement of a full company, and one case has been
mentioned where a company with its full number of commissioned
officers had but a single private on duty. I submit that it will be
indispensable to the proper and efficient action of the pay officers of
this department that measures be taken to have the militia force now
in service regularly mustered in, so that its organization may corre-
spond with that of other troops, and I suggest for your consideration
that previous to any further payment to be made to the militia the
officers of the C. S. Army under whose command they may be serving
be instructed to effect such organization.

A. C. MYERS,
Acting Quartermaster- General.

confederate authorities. 783

Office op the Southwestern Telegraph Company,
LATE New Orleans and Ohio Telegraph, Lessees,

Nashville, Tenn., December 11, 1861.
Hon. J. P- Benjamin,

Secretary of War, Richmond, Va.:

Sir: The Southwestern Telegraph Company, which I represent,
OAvns telegraph lines from Louisville, Ky. , through I'ennessee, Nortli
Alabama, Mississippi, and Louisiana to New Orleans, with branch
lines reaching all important points in those States. Merchants and
business men of New Orleans will bear testimony to the efficiency of
our lines, which for construction and reliability are not excelled by
any on the continent. Apprehending interruption between New
Orleans and Mobile, we promptly constructed a first-class line from
Jackson, Miss., to Meridian, on the Southern Railroad, where it con-
nects with the Mobile and Ohio Railroad, having alreadj^ two iirst-
class lines from Jackson to New Orleans, one by railroad and the other
by Yicksburg, Natchez, and Baton Rouge. We also have a first-class
line from Chattanooga to New Orleans, and are prepared to transmit
without delay all public and private messages to any points in the
States named. The acting president of our company, finding that no
line had j^et been constructed from Mobile to Meridian to meet our
line, contracted last week with the Mobile and Ohio Railroad Com-
pany to build a line on their entire road, the section from Mobile to
Meridian to be put up at once, and wo are rapidly pushing it to com-
pletion. We understand that application has been or will be made
by other parties for orders from your Department to construct other
lines alongside our lines from Meridian by Jackson to New Orleans
under pretense that they are required for public service. If such
application should be made, we hope you will not so order without
advising us, as such applications must be based on misrepresentation,
for the purjjose of building up rival lines when they are not wanted
for public or private business. We are sure you will not lend the
sanction of your high name and office to such purpose. We are just
putting into operation in this city a factory for making wire, and will
lend all our energies, as good and loyal citizens, to the prompt con-
struction of any telegraph lines that you may require for public
service. We have heretofore communicated with the Hon. J. H.
Reagan, Postmaster-General, on this subject and other matters relat-
ing to telegraphing.

With great respect, I have the honor to be, your obedient servant,

THOS. L. CARTER,
Secretary Southwestern Telegraph .Company.

P. S. — I have the pleasure of inclosing a note from Governor Harris.

[Inclosnre.]

Executive Department,
Nashville, Tenn., December 11, 1861.
Hon. J. P. Benjamin:

Sir: I state with pleasure that an extensive business intercourse
with the Southwestern Telegraph Company has fully satisfied me thad
the company is efficient and reliable.
Very respectfullj-,

ISIIAM G. HARRIS.

784 CORRESPONDENCE, ETC.

Nassau, New Peovidence, December 11, 1861.
Hon. J. P. Benjamin,

Secretary of War, Richmond, Va.:

Dear Sir: After all, the British dispatch vessel is not going to
Havana, but I may succeed in getting a passage on a British man-of-
war, to leave in the course of an hour or two. After writing yesterday
I found that the Theodora had sustained more in j ury than we imagined .
She leaked so badly that we had to haul her into shore so as to be able
at low water to get her bottom comparatively bare and ascertain the
damage. I grieve to say that the prospect of putting cargo into her is
very faint; indeed, it will be fortunate if we can get her home safely.
After completing such repairs as are absolutely necessary Captain
Lockwood will return to Charleston. There are no ways or dry docks
here, otherwise we might possibly put her in condition to go to Cardenas,
but under present circumstances deem it out of the question to attempt
the voyage. Indeed, as it is, there are symptoms of unwillingness on
the part of the crew to go in her. We have, of course, been compelled
to discharge the cotton, a portion of which is damaged. If too much
so, I shall have to sell it for what it will bring. The remainder I am
inclined to dispose of at not less than 20 cents, though this is a poor
place to get a buyer. If I can do no better I shall ship it under advances
to Fraser, Trenholm & Co. , Liverpool. The repairs to the Theodora
will have to be met out of the proceeds. I feel that my instructions
require me to go to Cuba and see Mr. Helm. He must be apprised of
the accident to the Theodora, and I shall hand him the remittance of
£3,000 and consult with him as to the best mode of turning the funds
to good account.

An idea struck me that under the circumstances I would, perhaps,
be justified in retaining the exchange and bringing it home, but I do
not feel at liberty to assume such responsibility, the more so as Mr.
Helm is the accredited agent of the Government. Captain Bird, of
the Gladiator, is also in a quandary. He intended going out to-mor-
row, but a Yankee gun-boat has just arrived, and as he imagines, has
come expressly for him. He is extremely anxious to see Mr. Helm
and get definite orders from him, his instructions being to that effect,
and that he would find Helm at Nassau. Captain Bird has asked my
advice in the matter, but I replied that I was entirety incompetent to
decide. I told him how extremely anxious we were to get the arms,
but that would hardly warrant him to assume an extravagant or
extraordinary risk. Of course the running of the blockade was the
risk he had to take ; but there were various degrees of risk to be con-
sidered, especially with reference to the magnituc^ of the interests
that might be placed in jeopardy by a too precipitate or too timid
action. If I could have been justified in assuming control I should
have ordered him off on the evening of my arrival. As long as the
Yankee vessel is in port the captain will not venture out, and if she
leaves he is afraid it will only be for the purpose of enticing him out
so as to make the capture. The Gladiator is not fast; you cannot get
over nine knots out of her under the most favorable juncture. It is
so obvious to me that the captain is reluctant to decide for himself
that this constitutes an additional inducement for my going immedi-
ately to see Helm. I have instructed Captain Lockwood to proceed
with the Theodora's repairs and return as speedily as possible. We
must at least make the effort to save the vessel, for by proper strength-
ening and cutting off her guards she may be made very valuable. She

CONFEDERATE AUTHORITIES. 785'

may require a little ballast aft, and I have authorized Captain Lock- '
wood to put in what he chooses, but not more than a few tons. The
chances are that anything of value will certainly be damaged. You
may imagine how deeply I regret these mishaps, but they were una-
voidable. It was a miracle that I was ever reserved to tell the tale.
Respectfully, your obedient servant,

L. HEYLIGER.

[December 11, 1861. — For Bragg to Benjamin, in relation to the
re-organization of troops for the war, see Series I, Vol. VI, p. 778.]

Executive Department,

Richmond, December 12, 1861.
To THE Congress of the Confederate States:

I submit for your constitutional action treaties recently made with
the Chickasaw and Choctaw, Creek, Seminole, and Cherokee tribes of
Indians. * In pursuance of a resolution passed by Congress the 5th
day of March, 1861, I appointed Albert Pike, a citizen of Arkansas,
commissioner of this Government to all the Indian tribes west of
Arkansas and south of Kansas. His powers and duties were not
defined in that resolution, but on the 21st of May, 1861, Congress
passed "An act for the protection of certain Indian tribes," by which
the general policy of Congress in reference to those tribes was more
fully declared. Considering this act as a declaration by Congress of
our future policy in relation to those Indians, a copy of that act was
transmitted to the commissioner and he was directed to consider it as
his instructions in the contemplated negotiation.

The general policy of that act is the basis of the treaties herewith
submitted ; but in relation to pecuniary obligations there is a material
departure, which will be more fully referred to in its appropriate con-
nection. The general provisions of all the treaties are similar, and in
each the Confederate States assume the guardianship over the tribe
and become responsible for all the obligations to the Indians imposed
by former treaties on the Government of the United States. Impor-
tant modifications are proposed in favor of the respective local govern-
ments of these Indians, to which your special attention is invited.
That their advancement in civilization justified an enlargement of
their power in that regard will scarcely admit of a doubt; but whether
the proposed concessions in favor of their local governments are
within the bounds of a wise policy may well claim your serious con-
sideration. In this connection your attention is specially invited to
the clauses giving to certain tribes the unqualified right of admission
as a State into the compact of the Confederacy, and in the meantime
allowing each of these tribes to have a delegate in Congress. These
provisions are regarded not only as impolitic but unconstitutional, it
not being within the limits of the treaty-making power to admit a
State or to control the House of Representatives in the matter of
admission to its privileges. I recommend that the former provision
be rejected, and that the latter be so modified as to leave the question
to the future action of Congress; and also do recommend the rejection

* Herein published vmder their respective dates.
50 R R — SERIES IV, VOL I

786 COERESPONDENCE, ETC.

of those articles in the treaties which confer upon Indians the right
to testify in the State courts, believing that the States have the power
to decide that question, each for itself, independently of any action of
the Confederate Government.

The pecuniary obligations of these treaties are of great impor-
tance. Apart from the annuities secured to them by former treaties,
and which we are to assume by those now submitted, these tribes
have large permanent funds in the hands of the Government of the
United States as their trustee. These funds may be divided into
three classes: First. Money which the Government of the United
States stipulated to invest in its own stocks or stocks of the States, and
which has been partly invested in its own stocks and partly uninvested,
remains in its Treasury, but upon which it is bound to pay interest.
Second. Funds invested in the stocks of States not members of this
Confederacy. Third. Money invested in stocks of States now mem-
bers of this Confederacy. These three classes include all the impor-
tant pecuniary obligations involved in these treaties, except interest
collected by the Federal Government and not paid over to the Indians
and arrearage of annual payments due under existing treaties; to
which exceptions a further notice will be given. By the treaties now
submitted to you the first and second class are absolutely assumed by
this Government; but this Government only undertakes as trustee to
collect the third class from the States which owe the money and pay
over the amounts to the Indians when collected. It is fortunate for
the Indians and ourselves that the amounts embraced in classes one
and two are relatively small, and the obligations incurred by their
assumption cannot be onerous, as the amount due by States of the
Confederacy on account of investments in the funds of Northern
Indians considerably exceeds the amount to be assumed under this
provision of the treaties. We thereby have the means to compel the
Government of the United States to do justice to the Indians within
the jurisdiction of the Confederate States, or to indemnify ourselves
for its breach of faith.

By the treaty with the Cherokees we undertake to advance $150,000,
and the interest of $50,000 for educational purposes on what are
known as the Cherokee neutral lands, lying between the State of
Kansas and the Cherokee Territory, for which the Indians paid the
United States Government $500,000, and which lands we guarantee
to the Indians against the hazard of being lost by the fortune of war
or ceded by treaty of peace. I herewith submit to you estimates of
the entire pecuniary obligations assumed by these treaties, in tabular
exhibits A and B.* They are generally stated with,great minuteness
in the treaties, but I have caused them to be abstracted and put in
tabular form for more convenient reference. I also submit to you the
report* of Albert Pike, the commissioner, which contains a history of
his negotiations and submits his reasons for a departure from his
instructions in relation to the pecuniary obligations to be incurred.
In view of the circumstances by which we are surrounded, the great
importance of preserving peace with the Indians on the frontier of
Texas, Arkansas, and Missouri, and, not least, because of the spirit
these tribes have manifested in making common cause with us in the
war now existing, I recommend the assumption of the stipulated
pecuniary obligations, and, with the modifications herein suggested,
that the treaties submitted be ratified.

JEFFERSON DAVIS.

*Not found.

confederate authorities. 787

General Orders, ) Adjt. and Insp. General's Office,

No. 20. j Richmond, December 12, 1861.

The attention of officers commanding troops is called to General
Orders, No. 17, Adjutant and Inspector General's Office, November 7,
1861. The numerous cases presenting themselves in Richmond with-
out other evidence of discharge than a few lines, in manuscript, merely
stating that fact, entails great distress upon the discharged, from
absence of proper papers securing payment of their dues, and great
embarrassment to the Quartermaster's Department, striving to do jus-
tice to the Government and soldier. Humanity and justice to the sol-
dier demand from company commanders the papers necessary to secure
to the soldier his rights, both in cases of discharge and when detached
from his company. It is therefore earnestly enjoined upon regimental
and battalion commanders, in every instance of discharge, to see that
"final statements" accompany the "discharge," filled otit for his sig-
nature, before signing the latter, and where men are detached, from
sickness or other causes likely to occasion long absence from their
companies, that descriptive rolls be furnished. Failure in compliance
with the foregoing requirements will be promptly reported to brigade
commanders and made the subject of investigation and, if necessary,
of a court-martial.

By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Confederate States op America, War Department,

Richmond, December 12, 1861.

G. B. Lamar, Esq.,

Savannah, Ga.:
Sir: In further reply to your letter of 2d instant I am enabled to
inform you, upon information derived directly from the Commissary-
General, that you are mistaken in regard to the extravagant prices
alleged to be paid for coffee by the commissaries in the Confederate
service. The highest price yet paid has been 41 cents, and the extreme
limit has been fixed at 45 cents. I am also assured by the Commissary-
General that the purchases of our commissaries are conducted with a
strict regard to economy, and that the reckless purchasing to which
you refer, however much it may be chargeable to others, has not been
made by the C. S. Commissary Department.
I am, respectfully,

J. P. BENJAMIN,

Secretary of War.

P. S. — If you know any fact not consistent with the foregoing state-
ment, please inform me specifically.
Yours, very truly,

J. P. BENJAMIN.

[December 12, 1861. — For correspondence between Milton and
Trapier, in relation to organizing Florida troops for the Confederate
service, see Series I, Vol. LIII, p. 212.]

788

CORRESPONDENCE, ETC.

MiLLEDGEViLLE, December 13, 1861.
Hon. J. P Benjamin,

Secretary of War:
Georgia has several thousand State troops mustered into her service
for six months, organized into a division, brigades, regiments, battal-
ions, and companies. Many of the companies consist of less than sixty
men, including officers. Will you accept them for local service as
organized, if tendered ? If you will not, appropriation will be made
for their future support by the State. If not, the State must provide
for their support [sic] . Please answer immediately.

JOSEPH E. BROWN.

Confederate States op America, War Department,

Richmond, December H-, 1861.
Hon. Howell Cobb,

President of the Congress:
I have the honor to submit herewith, in compliance with the resolu-
tion passed by Congress on the 10th instant, a statement of the num-
ber of troops now in service enlisted for the war and of the States
from which they have volunteered. I beg to say that there are a few
more regiments, doubtless, that have been mustered in for the war at
distant points, the returns of which have not yet reached the Depart-
ment, that would make the whole number equivalent to about 115
regiments.

Very respectfully, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

[Incloaure.]

Statement of the nwmber of troops now in the service enlisted for
the ivar and of the States from which they have volunteered.

Adjutant and Inspector General's Office,

Richmond, December IS, 1861.

ALABA.MA.

8th Infantry, Col. John A. Winston.

yth Infantry, Col. Samuel Henry.
10th Infantry, Col. John H. Forney.
11th Infantry, Col. Sydenham Moore.
12th Infantry, Col. R. T. Jones.
13th Infantry, Col. B. D. Fry.
14th Infantry, Col. Thomas J. Judge.
15th Infantry, Col. James Cantey.
16th Infantry, Col. W. B. Wood.
17th Infantry, Col. Thomas H. Watts.
18th Infantry, Col. E. C. Bullock.
19th Infantry, Col. Joseph Wheeler.
20th Infantry, Col. Isham W. Garrott.

22d Infantry, Col. Z.C.Deas.
23d Infantry, Col. F.K. Beck.

1st Infantry Battalion (five compa-
nies) , Lieut. Col. J. Q. Loomis.

3d Infantry Battalion (seven compa-
nies) , Maj . W. R. Smith.

4th Infantry Battalion (seven compa-
nies) , Lieut. Col. J. F. Conoley.

5th Infantry Battalion (seven compa-
nies) , Lieut. Col. Mch. Davis.

1st Artillery Battalion (six companies),
Maj . James T. Gee.

ARKANSAS.

2d Infantry, Col. J. W.Scaife.
3d Infantry, Col. Albert Rust.
1st Infantry Battalion (eight compa-
nies) , Lient.Col. J. S. Marmaduke.

1st Cavalry Battalion (four companies),
Maj. Charles W. Phifer.

FLORIDA.

1st Battalion (six companies) , Lieut. Col. W. G. M. Davis.

CONFEDERATE AUTHORITIES.

789

QEORQIA.

1st Infantry, Col

6th Infantry, Col.

8th Infantry, Col.

9th Infantry, Col.
10th Infantry, Col,
11th Infantry, Col.
12th Infantry, Col,
13th Infantry, Col,
14th Infantry, Col,
15th Infantry, Col,
16th Infantry, Col
17th Infantry, Col,
18th Infantry, Col,
19th Infantry, Col
20th Infantry, Col
21st Infantry, Col,
22d Infantry, Col,

C.J.WiUiains.
A. H. Colquitt.
T. L. Cooper.
E.R.GrOT&ding.
A. Cnmming.
G.T.Anderson.
Edward Johnson.
Walton Ector.
A.V.Bmmby.
T.W.Thomas.
Howell Cobb.
H. L. Benning.
W.T.WofEord.
W.W.Boyd.
W.D.Smith.
John T.Mercer.
Bobert H. Jones.

23d Infantry, Col. Thomas Hntcherson.

24th Infantry, Col. Robert McMUlan

27th Infantry, Col. Levi B. Smith.

28th Infantry, Col. T. J. Warthen.

35th Infantry, Col. E. L. Thomas.

38th Infantry, Col. A. R. Wright.

Georgia Legion (ten companies) , Col. T.
R.R.Cobb.

Phillips Legion (nine companies) , Col.
William Phillips.
8d Infantry Battalion (seven compa-
nies) , Lieut. Col. M. A. Stovall.
4th Infantry Battalion (seven compa-
nies) , Lieut. Col. W. H. Stiles, sr.
7th Battalion(seven companies) ,Lieut.
Col. C, A. L. Lamar.

KENTUCKY.

2d Infantry, Col. R. W. Hanson.
3d Infantry, Col. A. P. Thompson.

4th Infantry, Col. R. P. Trabue.

LOUISIANA.

1st Infantry, Col. . a

5th Infantry, Col. T. G. Hunt.

6th Infantry, Col. Isaac G. Seymour.

7th Infantry, Col. H. T. Hays.

8th Infantry, Col. H. B. Kelly.
10th Infantry, Col. M. Marigny.
11th Infantry, Col. S. F. Marks.
13th Infantry, Col. B. L. Gibson.
14th Infantry, Col. V. Sulakowski.

1st Infantry Battalion (six companies) ,
Lieut. Col. N. H. Rightor.

2d Infantry Battalion(sL£ companies),
Maj.C.R. Wheat.

3d Infantry Battalion (eight compa-
nies) , Lieut. Col. CM. Bradford.

4th Infantry Battalion (five companies) ,
Maj.G.C.Waddill.

5th Infantry Battalion (six companies) ,
Lieut. Col. J. B. G. Kennedy.

1st Cavalry, Col. John S. Scott.

Washington Artillery (four companies) ,
Maj. J. B.Walton.

1st Artillery, Col. Charles A. Fuller.

MARYLAND.

1st Infantry, Col. George H. Steuart.

MISSISSIPPI.

19th Infantry, Col. C. H. Mott.
20th Infantry, Col. D. R. Russell.
21st Infantry,Col.Benj. G.Humphreys.
23d Infantry, Col. D. W. C. Bonham.
24th Infantry, Col. W. F. Dowd.
25th Infantry, Col. John D. Martin.
3d Infantry Battalion (seven compa-
nies), Maj. John G. Taylor.

3d Infantry Battalion (seven compa-
nies) , Maj. A. B. Hardcastle.

1st Mounted Regiment, Col. Wirt
Adams.

Jeff. Davis Legion (six companies cav-
alry) , Maj . W. T. Martin.6

NORTH CAROLINA.

1st Infantry, Col
2d Infantry, Col
3d Infantry, Col,
4th Infantry, Col
5th Infantry, Col
6th Infantry, Col

, M.S. Stokes.
Charles C. Tew.
G. Meares.

, George B. Anderson.
, D. K. McBae.
, William D. Pender.

7th Infantry, Col. R. P. Campbell.

8th Inf antiy. Col. H. M. Shaw.
33d Infantry, Col. L. O'B. Branch.

9th Cavalry, Col. Robert Ransom, jr.
19th Cavalry, Col. Samuel B. Spruill.
10th Ai-tillery, Col. J. A. J. Bradford.

a Part for the war.

h Only two companies from Mississippi.

790 CORRESPONDENCE, ETC.

SOUTH CAROLINA.

1st Infantry, Col. Maxcy Gregg.
12th Infantry, Col. B. G. M. Dunovant.
1 3th Infantry, Col. O. E. Edwards.
14th Infantry, Col. James Jones.
15th Infantry, Col. W, D. De Saussure.

1st Rifles, Col. James L.Orr.

1st Cavalry Battalion(flve companies) ,

Lieut. Col. John L. Black.
Palmetto Artillery (three companies) ,

Maj. E. B.White.

TENNESSEE.

34th Infantry, Col. W. M. Chnrchwell. a I 39th Infantry, Col. W. T. Avery.
38th Infantry, Col. R. F. Looney. | 40th Infantry, Col. L. M. Walker, a

TEXAS.

1st Infantry, Col. Hugh McLeod.. a
4th Infantry, Col. John B. Hood.
5th Infantry, Col. J. J . Archer.
7th Infantry, Col. John Gregg.

4th Cavalry, Col. James Reily.
5th Cavalry, Col. Thomas Green.
7th Cavalry, Col. William Steele.
8th Cavalry, Col. B. F. Terry.

VIRGINIA.

1st Battalion (four companies), Maj. J. D. Munford.

Independent companies (artillery and others) not organized into regiments or

battalions, 30.

RECAPITULATION.

Alabama, 15 regiments, 5 battalions ; aggregate, 183 companies.
Arkansas, 2 regiments, 2 battalions ; aggregate, 32 companies.
Florida, 1 battalion ; aggregate, 6 companies.

Georgia, 23 regiments, 2 legions, 3 battalions ; aggregate, 270 companies.
Kentucky, 3 regiments ; aggregate, 30 companies.
Louisiana, 11 regiments, 6 battalions ; aggregate, 145 companies.
Maryland, 1 regiment ; aggregate, 10 companies.
Mississippi, 7 regiments, 3 battalions ; aggregate, 90 companies.
North Carolina, 12 regiments ; aggregate, 120 companies.
South Carolina, 6 regiments, 2 battalions ; aggregate, 68 companies.
Tennessee, 4 regiments ; aggregate, 40 companies.
Texas, 8 regiments ; aggregate, 80 companies.
Virginia, 1 battalion ; aggregate, 4 companies.
Independent companies (artulery and others), 30.

Total, 92 regiments, 2 legions, 23 battalions ; aggregate, 1,107 companies ; aggre-
gate in regiments, llO^^f.

S. COOPER,
Adjutant and Inspector General.

A RESOLUTION to make an advance to the State of South Carolina on account
of her claims against the Confederate States.

The Congress of the Confederate States of America do resolve, That
the sum of $250,000 be, and is hereby, appropriated, as an advance on
account of any claims of the State of South Carolina upon the Con-
federate States; and that the same be paid to such person as may be
authorized by the Legislature of South Carolina to receive the same.

Approved December 14, 1861.

Confederate States of America, Wak Department,

Bichmond, Va., December [HP], 1861.
The President:

Sir: My report of the opei-ations of this Department and of the
armies in the field must necessarily be very imperfect. My experience

a Part for the war and part for twelve months.

CONFEDERATE AUTHORITIES. 791

has been too brief to permit a thorough mastery of all the details of so
vast and complicated an organization as that now presented by this
Department. I can only refer to the principal occurrences requiring
the special notice of the Congress, and suggest some difficulties and
embarrassments of administration that can only be remedied by the
legislative power.

First. Since the adjournment of Congress official reports have been
received disclosing the gratifying fact that the population of Arizona
is almost unanimouslj' desirous of the annexation of that Territory to
the Confederate States.

The U. S. troops there, routed and put to flight by the expedition
under the command of Lieut. Col. John R. Baylor, had at one time
abandoned the country. Under these circumstances Colonel Baylor,
after satisfying himself of the wishes of the inhabitants, proceeded
upon his own responsibility to assume the military government of the
Territory of Arizona. He issued a proclamation extending the limits
of the Ten-itory to latitude 36° 30' north; thence due west to the Col-
orado, and down that stream to its mouth. He also raised several
companies of infantry, furnished by the people, who readily volun-
teered in our service; placed the inhabitants in this manner under
military protection, and established a government closely resembling
in form that which was found to work so satisfactorily when the
United States made conquest of California.

All the proceedings of Lieutenant-Colonel Baylor appear to have
been marked by prudence, energy, and sagacity, and to be deserving
of high praise. The result of his action has been the securing to the
Confederacj'^ of a portion of the territory formerly common to all the
States but now forming a natural appendage to our Confederate States,
opening a pathway to the Pacific and guaranteeing Western Texas
from the dangers incident to allowing the Indian tribes in that exten-
sive territory to remain under foreign influence. The report here-
with presented, marked A,* gives a satisfactory statement of the pro-
ceedings of Colonel Baylor. Since his success in expelling the Federal
troops and taking peaceful possession of the Territory an effort has
been made by the United States to disturb the tranquillity of the inhab-
itants by sending in a force of about 2,500 men, under Colonel Canby,
who at the last advices was marching toward the headquarters of
Colonel Baylor at Doiia Ana. This movement had, however, been
anticipated, and General Sibley, to whom that military department
has been confided, had already sent forward two regiments to the
support of Colonel Baylor, and was on the eve of following them him-
self with a third. There is no doubt that the entire force of General
Sibley must already have arrived within supporting distance of Col-
onel Baylor's command, and full confidence was entertained by our
leaders that they will be able to drive the invading forces out of our
territory. The letters of General Sibley of November 8 and 16 are
appended for the further information of Congress, f

In organizing a more permanent Territorial government for Ari-
zona, with its present expanded boundaries, I beg to suggest that the
population is of so mixed a character, and the number of inhabitants
educated in representative institutions is so limited, that it would
scarcely be practicable to maintain social order and insure the execu-
tion of the laws by an elective government. Some system analogous

*SeeSeriesI, Vol. IV, pp. 16-22. „ . ^ ,^ , „^ ,,,

t That of November 8 not found. For November 16, see Series I, Vol. IV, p. 141.

792

in its nature to that adopted for the government of the Orleans Ter-
ritory by the act of March 26, 1804, seems to be much better adapted,
at least for the present, to this Territory; and its extent of surface
is so great that Congress may, perhaps, deem it proper further to
imitate the example set in the act above recited by dividing it into
two governments.

Second. At the first session of the Congress an act was passed pro-
viding for the sending of a commissioner to the Indian tribes north
of Texas and west of Arkansas, with the view of making such arrange-
ments for an alliance with and the protection of the Indians as were
rendered necessary by the disruption of the Union and our natural
succession to the rights and duties of the United States, so far as
these Indians were concerned. The supervision of this important
branch of administrative duty was confided to the State Department,
by which Brig. Gen. Albert Pike was selected as commissioner. At
a later period of the same session a Bureau of Indian Affairs was
created by law and attached to this Department, charged with the
management of our relations with the Indian tribes. The corre-
spondence of this Department and the report of General Pike exhibit
full proof of the zeal, energy, and fidelity with which he conducted
his arduous mission and the success with which it was crowned. He
has made treaties with the entire Indian population of the Territory
in question; has secured their alliance; has enlisted several regi-
ments of their warriors in our service, and has shown a rare and
admirable combination of the qualities chiefly required for success in
such a mission, namely, sympathy and friendship for the Indians,
blended with devotion to the interests of his Government. These
treaties, coupled with the report of General Pike, will form the sub-
ject of a special communication to Congress, and I now submit only
the report of the head of the bureau in this Department, containing
a succinct narrative of the entire administration of Indian affairs
from the establishment of the bureau to the present date.

Third. The operations of the Army since the adjournment of Con-
gress, on August 31, afford renewed cause of congratulation, of grati-
tude to Divine Providence, and of admiration for the gallant defend-
ers of our righteous cause. Successful in a large number of minor
engagements, signal victories have crowned their arms at Leesburg
and Belmont. I regret that, for some unexplained reason, the report
of the former of these two brilliant achievements has not yet reached
the Department, but I append full reports of the latter.* You will
also find annexed reports of the less important, though not less gal-
lant and meritorious, affairs at Lewinsville, under command of Colonel
(now Brigadier-General) Stuart ;f and at Piketon, of Captains May,
Thomas, Hawkins, and Clay, of Colonel Williams' command. J The
decisive repulses of the enemy in his attacks on the forces at Green-
brier River, under Brig. Gen. Henry R. Jackson, and on the army of
General Floyd at Carnifix Ferry, merit conspicuous mention, while
the more recent lesson administered to the insolent invaders of our
soil by Major-General Bragg and his brave army at Pensacola affords
ample evidence of the power of well-served and properly protected
batteries to resist successfully the attack of the most formidable ves-
sels of the hostile Navy.

*See Series I, Vol. Ill, pp. 304-364. See also Series I, Vol. V, pp. 347-368, for
reports of Leesburg or Ball's Bluff,
t See Series I, Vol. V, pp. 180-184.
tSee Series I, Vol. IV, pp. 237-330.

CONFEDERATE AUTHOEITIES. 793

The engrossing labors of the Department deprive me of the coveted
pleasure of dwelling in detail on all these evidences of the valor of our
troops and the skill and gallantry of their commanders. It is impos-
sible, however, not to call special attention to the battle of Belmont
as affording a splendid example of the qualities of both officers and
men. Let the reports be read, and all will concur in the simple and
emphatic praise of the commander-in-chief of the Western Depart-
7ncnt when he pronounces the work well done. Its telling effects are
still visible upon the enemy, and the names of Polk, Pillow, Cheatham,
and McCown will remain identified with its history and will recur to
the memory of men whenever mention shall be made of the battle of
Belmont. I deeply regret that I am not able to give greater prominence
in this report to the battle of Leesburg, one of the most important, as
it certainly was the most decisive in its results, of the whole war.
The terrible loss inflicted on the enemy, when compared with the
numbers engaged, far exceeds that of any conflict since the commence-
ment of hostilities, and I still hope that the transmission of the report
to the Department prior to the adjournment of Congress may enable me
to submit it to you in time to be communicated. You will also find
annexed the reports of the engagement on Santa Rosa Island* and of
the movements of our troops in the neighborhood of Cheat Mountain, f

The battle of Manassas, fought July 21, was not reported to the
Department till nearly three months afterward, viz, on October 15, and
belongs appropriately to the history of my predecessor's administra-
tion of this Department; and this last remark also applies to the
battle of Oak Hills, fought August 10, the report of which arrived on
the 26th of the same month, just before the adjournment of Congress.
Til e reports of both these battles are appended, J and the history of these
two eventful daj's, on which the large and well-appointed hosts of the foe
were beaten back and put to rout by the unflinching courage of our
volunteers, fighting for hearth and home, and liberty and independ-
ence, ^vill remain imperishable monuments to the gallant generals
whose names have already been honored by the unanimous expression
of the thanks of Congress, and to the officers and soldiers who proved
themselves well worthy of such leaders.

This series of triumphant engagements has been somewhat checkered
by the result of the recent bombardment at Port Royal, of which also
no official report has been received. § It is, however, known that some
earth- works, unprovided with casemates or shelter of any kind, proved
inadequate to defend the entrance of the harbor against an attacking
fleet, formidably armed with more than tenfold the number of heavy
guns that were mounted in the batteries on shore. The enemy has
consequently obtained possession of a cluster of sea islands on the
coast of South Carolina which it is impossible to defend without the
aid of vessels of war. The results of this occupation, however, are
confined to the infliction of such partial losses and sufferings by non-
combatants as are attendant on the predatory warfare in which our
enemies specially delight, as most congenial to their tastes and least
menacing to their safety. They have not yet ventured beyond the
protection of the heavy guns of their vessels, while their hopes of

*SeeSeriesI, Vol. VI.

t See Series I, Vol. V, p. 191. , „ , ^ , ^ ^

i For reports of Manassas see Series I. Vol. II, pp. 4C9-574, and Vol. LI, Part I,
pp. 24r-35. For Wilson's Creek or Oak Hills, see Series I, Vol. Ill, pp. 98-130, and
Vol. LIII, pp. 433-434.

§ But see Series I, Vol. VI, pp. 0-39.

794 CORRESPONDENCE, ETC.

plunder have been disappointed by the heroic resolve of our uncon-
querable brethren of South Carolina, who have with their own hands
applied the torch to everything susceptible of conversion into booty
for the solace of the marauders.

Fourth. I am happj'^ to inform you of the very marked improve-
ment in the condition of our troops and the decided decrease in the
number of the sick. Nothing has given to the Department greater
concern, nor engaged more anxious care, than the provision for the
comfort of the sick soldier; and although much has been done, very
much still remains to be done for the amelioration of his condition.
It is a grave error, however, to suppose that any regulations on this
subject, however wise, prudent, and humane, can avail without the
aid and co-operation of the commanders in the field. If colonels for-
get that they bear a parental relation toward their regiments and
neglect the most obvious sanitary precautions; if medical oflftcers
abandon the care of the sick without fear of check or reproof from
regimental commanders; if generals deem the supervision of the
hospital arrangements and treatment of the sick a task too irksome
to be endured, and if the commanders of armies execute military
movements with entire disregard of the effects to be produced, whether
on the sick or the well, no effort of the Department can avail to pre-
vent great suffering and sacrifice of life. I have endeavored, by
specific regulations for the care and transportation of the sick from
camps to hospitals, by providing special trains for their accommoda-
tion, and by relaxing the rigor of the former rules in regard to fur-
loughs and discharges on account of sickness, to diminish, as far as
lay in my power, much of the suffering of our brave volunteers, and
I append copies of these regulations for the information of Congress.
Less, however, has been effected than I had hoped from the operation
of these regulations. It seems almost impossible to obtain that regu-
lar, faithful, and systematic compliance with rules which can alone
maintain the discipline and preserve the efficiency of large bodies of
men, and I have been disajJpointed in more than one instance, where
reliance had confidently been placed on the disposition of command-
ing generals to co-operate with the Department, in reforms urgently
needed in the treatment of the sick. If other measures fail, I shall
not shrink ffom the responsibility of reporting to you the names of
officers, however high in command, who may, by disregard of their
duty in this respect, prove themselves unworthy of the trust now
reposed in them. It is proper before passing from this subject to
observe that happy effects have already resulted from the general
examination by medical boards of the surgical staff of the Army.
Quite a number who had been appointed on the recommendation of
the men themselves have proven unequal to the duties of their station ;
others were found incompetent from carelessness and neglect, while
in some instances there was gross ignorance of the very elements of
the profession. The efficiency of the corps has been greatly increased
by the purgation it has undergone, and I think we may venture to
hope that we have passed through the most trying ordeal of the war
as relates to camp diseases. In the Army of the Potomac alone, with
a considerable increase in its forces, there has been within the last
sixty days a diminution of at least one-half in the number of the
sick.

Fifth. I have already, in a separate paper, commented on the
system of raising troops for short periods, and endeavored to point
out the disastrous effects of such a course of policy. Persuaded as I

CONFEDERATE AUTHORITIES. 795

am of the vital necessity of adhering to the rule you had adopted on
this subject from the very beginning of the war, I have steadily
resisted all importunity to receive troops for a less period than three
years or the war, unless they furnish their own arms. On first enter-
ing on the duties of the Department the tenders of troops were
very large, and it was not at all unusual for me to refuse offers of
5,000 men per day. Very soon it was ascertained throughout the
countrj'^ taat the War Department could not be importuned into
receiving unarmed men for twelve months, and the impetuous ardor
of our people to rush to the defense of their liberties induced tenders
of troops for the war. A number of such regiments had already been
organized, more were in progress, and the policy of the Administra-
tion was on the eve of being crowned with entire success, when it was
embarrassed and impeded by a very unexpected cause. In several of
the States the Governors, apprehensive of attack at home, and actu-
ated by the natural desire of aiding in the defense of their own States,
failed to perceive that the only effective means of attaining that end
was by a concentration of the common strength under one head, and
that an attempt by each State to make a separate defense against so
powerful an enemy as that which we are now combating could result
in nothing but the defeat of each in detail. In disregard of so obvious
a truth several of the States undertook to raise independent armies to
repel invasion, retained at home arms and munitions, and called for
volunteers for home service for short terms, alluring them by propos-
als to arm and equip them and retain them solely for service within
the State. The fatal effects of so short-sighted a policy became
instantly apparent. Companies already organized and ready to be
mustered into the Confederate service for the war marched out of
their camps of rendezvous to enlist in State service for three, four, or
six months, and State commissaries and quartermasters established
themselves as rival purchasers at posts where Confederate of&cers
were stationed, thus subserving the ends of speculators and stimula-
ting their constantly increasing exactions. Confusion was also intro-
duced into military operations; officers became doubtful as to their
duties and positions; State and Confederate engineers and other
officers were liable to be ordered each to perform the same duty by
independent commanders, and nothing but inefficiency and disaster
could be expected from such a system. It is, of course, not within
the power of the Confederate Government, otherwise than by the
weight of its counsels, to prevent such action as that to which I have
just referred on the part of the several States, unwise and disastrous
as may be its effects, but it is surely competent for the Congress to
declare that no State can expect its expenditures on such objects to
be reimbursed. The waste of money resulting from these short enlist-
ments is enormous. The assertion is by no means extravagant that a
long war conducted by six-months' volunteers would cost three times
as much as the same war conducted by three-years' volunteers, with-
out taking into consideration the great difference in the efficiency of
each of these classes of troops after the lapse of the first six months.
In the single item of transportation, which is a heavy burden on the
Treasury, the cost for the former would be sixfold that of the latter.
There is, therefore, no justice or propriety in imposing upon the Con-
federacy, which is conducting a common war at the common expense
on sound principles, the burden of any expenditures created by sep-
arate States, which may deem proper to carry on an independent sys-
tem of defense so expensive and so impolitic as that to which I have

796 CORRESPONDENCE, ETC.

alluded. The number of regiments now in the service for the war
maj'^ be stated with sufficient accuracy at 115, and the number for
twelve months at 276, making a total of about 390 regiments, to which
are to be added the militia called out at different points, and the
troops of our sister State of Missoiiri, not yet transferred, and of
which no returns exist in the Department. In this estimate the
troops raised by the different States are not included, and I have no
means of arriving at any accurate conclusion in regard to their num-
bers. These are mostly enlisted for short periods, in no case exceed-
ing twelve months.

Sixth. The Corps of Engineers of the Army is composed at present
of only twelve officers, while fivefold that number are needed. No
provision exists for the appointment of engineers in the Provisional
Army. There is a large body of gentlemen educated for scientific
pursuits, not military engineers by profession, but whose services it
has been indispensable to seciire for engineering purposes, and who
now occupy in the Army the position of mere hired employes, without
rank or authority as officers, and whose efficiency is consequently
much impaired. In other cases they have been appointed to the low-
est grade in the Regular Army, that of second lieutenant, and then
assigned to engineer duties, with higher temporary rank, under the
act of May 21, 1861, authorizing the President to confer such higher
rank on officers of the Confederate Army for service with volunteer
troops. In a word, various expedients have been used to supply this
indispensable means of public defense and to obviate difficulties
arising from deficient legislation, but the subject needs immediate
attention, and I trust you will concur in my earnest recommendation
that Congress authorize the appointment of at least fifty officers of
engineers in the Provisional Army of rank not higher than that of
captain.

Seventh. I was on the eve of concluding this paper when the official
reports of the battle of Leesburg and the engagement at Pensacola
were received, and they are herewith submitted.* In the battle of
Leesburg our forces numbered in all 1,709 men, and were opposed to
a force at Ball's Bluff amounting to five regiments and three pieces
of artillery, while compelled at the same time to keep in check four
regiments and a squadron of cavalry within supporting distance, at
Edwards Ferry. In this unequal contest our whole loss was in killed
and wounded 153, and 2 of our men were taken prisoners. The loss
of the enemy, as far as known, was 1, 300 killed, wounded, and drowned,
and 710 prisoners, including among their killed General Baker and
several other commissioned officers, and among the prisoners 22 com-
missioned officers; a total of loss inflicted on the enemy considerably
in excess of the whole number of our troops engaged. Among the
substantial fruits of this brilliant victory were 1,500 stand of arras, 3
pieces of cannon, 1 stand of colors, and a large quantity of accouter-
ments and camp furniture.

The highest praise is due to Brig. Gen. N. G. Evans and to the brave
men whose intrepid conduct was so signal as to make the mention of
any one name almost unjust to others. Colonel Hunton, of the Eighth
Virginia; Colonel Featherston, of the Seventeenth Mississippi ; Colonel
Barksdale, of the Thirteenth Mississippi; Colonel Burt, of the Eight-
eenth Mississippi, and Colonel Jenifer, of the cavalry, with their

*For reports of Leesburg. see Series I, Vol. V, pp. 347-368; and for operations
at Pensacola, see Series I, Vol. VI.

CONFEDERATE AUTHORITIES. 797

dlflEerent commands, alike distinguished themselves by their valor
and good conduct; but the gallant Burt did not live to receive his
reward in the gratitude and admiration of his country. He feU
mortally wounded while gallantly leading his regiment to the charge
in the face of a terrible fire about two hours before the final bayonet
charge of our entire force drove the enemy headlong from the field.

The report of Greneral Bragg gives the full history of the abortive
attempt of the enemy to destroy Fort McRee, at the entrance of Pen-
sacola Harbor, by a combined attack from Fort Pickens and two
large naval steamers, supposed to be the Niagara and the Hartford.
The weight of metal used in this tremendous bombardment was such
as to shake the houses in Pensacola at a distance of ten miles and to
cover the waters of the bay with fish stunned by the concussion.
The heroic conduct of Colonel Villepigue, with his Georgians and
Mississippians, while exposed for two days to this tempest of fire,
and the coolness and self-possession of both officers and men, are
graphically described in the narrative of their general, while the lat-
ter evidently forgets that any meed of praise is due to the chief whose
high military qualities are thus reflected by those who have for long
and weary months been so instructed by his counsels and so inspired
by his example as to become the theme of his own admiration.

Our casualties during the entire engagement were 6 killed and 21
wounded. Of the former, five lost their lives by the falling of an ill-
constructed magazine in one of the batteries. Among the latter was
Colonel Villepigue, who, notwithstanding the pain of a very severe
wound, not only persisted in retaining his command, but passed
nearly the whole night in repairing the damage done to his work by
the bombardment of the day. Your attention in reading the account
of this battle will again be arrested by the renewed example of the
barbarities, disgraceful even to savages, which characterize the war-
fare of the enemy. The name of Col. Harvey Brown must be remem-
bered with execration, when it is known that without the slightest
warning his opening fire was specially directed against the navy-yard,
occupied, to his knowledge, by women, children, and non-combatants;
and that on the evening of the second day he gave vent to his rage
and mortification at the failure of his attack on Fort McRee by turn-
ing his guns first toward the hospital, over which the yellow flag was
flying, and afterward upon the deserted dwellings of non-combatants
in the villages of Warrington and Woolsey.

The damage done to the fort and navy-yard by this bombardment
was insignificant, and two churches and some twenty humble habita-
tions of poor laboring men and women deliberately fired and the hos-
pital flag violated constitute the total exploits of Col. Harvey Brown.
The damage done to the enemy by the return fire of our batteries is
only conjectural. One of the naval steamers was evidently disabled,
as she did not aid her consort in the renewed attack on the 23d, while
the fire both of the fort and of the steamers that day was much
slackened, and has not since been renewed. Just as I close this
paper I receive a dispatch announcing the repulse of the enemy, 5,000
strong, by our forces, 1,200 in number, under Colonel Johnson, on the
Greenbrier River, and hope in a few days to present you the official
report.

Your obedient servant,

J. P. BENJAMIN,

Secretary of War.

798 CORRESPONDENCE, ETC.

AN ACT to provide for the election of deputies to the Provisional Congress of
the Confederate States of America.

Sec. 1. Be it enacted hy the Council of the provisional government of
the State of Kentucky, That said Council elect ten deputies to repre-
sent the State of Kentucky in the Pi-ovisional Congress of the Con-
federate States of America. Said deputies shall be bona fide citizens
of the State of Kentucky, one of whom shall be chosen from each of
the Federal Congressional districts of the State as it was last districted,
and shall be a resident of the district for which he shall be chosen.

Sec. 2. The time of the election shall be fixed by resolution of the
Council.

Approved December 14, 1861.

[December 14, 1861. — For Benjamin to Brown, accepting six-
months' men from Greorgia for local defense, see Series I, Vol. LII,
Part II, p. 237.]

Nassau, New Providence, December 15, 1861.
Hon. J. P. Benjamin,

Secretary of War, Richmond:
Dear Sir: The Kamak is off the harbor and will leave in a few
hours for Havana. As advised, I shall proceed thither and confer
with Helm. It is very necessary that some determination be arrived
at with regai'd to the Gladiator. I have not yet sold the cotton, but
shall dispose of it finally on my return, which will be on or about the
23d. Bearing in mind the affair of the Trent, I have mailed the dis-
patches which I received from the State Department, together with
the other papers, to my own address in Havana, so that if perchance
the Karnak be boarded nothing will be found to compromise me. The
Theodora can be made a valuable boat, provided she is thoroughly
overhauled, her guards cut down, a mast put in, &c. This, I pre-
sume, could be done at an outlay of $500 or $600. Her engine is a
very superior one. In her present condition she is not fit to go to sea.
You must remember that when she took over our commissioners the sea
was as smooth as glass. But you cannot look for such a favorable
contingency in the winter and spring months. I thiak these repairs
should be made forthwith and the boat sent back here or to some
other point, where she might be rendered available in breaking bxilk
and transmitting portions of cargoes, such as may be diverted here.
As in all probability I shall not be able to find tJie means of getting
home for the next few weeks, it may be worth while to consider whether
my services here cannot be made available in some shape similar to
the aim you charged me with. I shall state the matter to Helm, who,
by the bj^e, may not be able to leave Cuba. In exercising any discre-
tion of the kind I shall be guided by a single desire to serve you. As
it is, I am extremely anxious to return home, and after having dis-
charged my business at Havana shall consider myself at liberty to do
so, if I can find the opportunity. But it may be advisable to yield to
other considerations, and in this I shall be greatly influenced by
Helm's advice. . The Theodora's accounts are not yet made up. I
expect she wiU be able to get off the day after to-morrow.
Very respectfully, your obedient servant,

L. HEYLIGER.

CONFEDEEATE AUTHORITIES. 799

A EESOLUnON appointing John D. Morris, of Kentucky, a receiver nnder the
act of sequestration, approved August 30, 1881.

The Congress of tlie Confederate States of America do resolve. That
Jolrn D. Morris, appointed by the government of Kentucky as their
special commissioner to secure the co-operation of the Confederate
States in the sequestration of the property, effects, and credits of cer-
tain banking corporations of the said State, be hereby clothed with the
powers of a receiver, under the act for the sequestration of the prop-
erty of alien enemies, approved thirtieth of August, eighteen hun-
dred and sixty-one, throughout the Confederate States, and as such,
he alone be authorized to ascertain, seize, and sequestrate the prop-
erty, effects, and credits of all the banking corporations of the said
State that may have made loans, or extended pecuniary aid to the
United States, or the government of Kentucky, waging war against
the Confederate States; and when so sequestrated, instead of paying
the same into the Treasury of the Confederate States, shall account
for and pay over the same, under his commission, to the government
of Kentucky.

Approved December 16, 1861.

Nassau, New Providence, December 16, 1861.

(Via Wilmington 20th.)
J. P. Benjamin,

Secretary of War, Richmond :
We were compelled to enter here in distress in a sinking condition,
utterly unable to accomplish the object of the voyage. Have put such
repairs on the Theodora as will enable her, I hope, to reach port safely.
She cannot carry cargo in her present state. The British steamer
Gladiator is here with a very valuable cargo, but cannot get out
owing to presence of a Yankee gun-boat. I have written fully. I
leave by the Kamak in an hour from this for Havana to consult with
Helm.

L. HEYLIGER.

Nassau, New Providence, December 16, 1861.
Hon. J. P. Benjamin,

Secretary of War, Richmond:
Dear Sir: I leave by the Karnak in an hour from this, and shall
return by her on the 21st, unless otherwise directed by Mr. Helm.
The Yankee gun-boat is still in port and seems determined not to
budge so long as the Gladiator remains. The Federal Government has
endeavored to obtain leave to establish a coal station here, but thus
far the permission has been refused, and through the influence of our
friends will not, I believe, be acceded to. I do not think that the gun-
boat has more than twenty-four hours' fuel on board. I shall aid Mr.
Helm, to the best of my ability, in promoting the success of the Gladi-
ator. If I had the requisite authority she would have been in a
Confederate port before this. I was anxious to see her leave the day
of my arrival and suggested the step, but not being able to f oUow it
up by advice of a decisive character, the captain preferred to halt.

I am, very respectfully, your obedient servant,

L. HEYLIGER.

800 CORRESPONDENCE, ETC.

Steam-ship Gladiator,
At Nassau, New Providence, December 16, 1861.
Hon. J. P. Benjamin,

Secretary of War, &c.:

Sir : In the absence here of any one more fully authorized I deem
it my duty to make the following report to your Department: On the
4t]i ultimo, at the suggestion of Hon. A. D. Mann, I accepted the
charge oi the cargo of this vessel, which was then to have left on the
6th, but for some reason did not sail until the 10th. Before leaving
Capt. C. Huse, Confederate agent, handed me very full and explicit
instructions in reference to the landing and storing of the cargo, but
gave me no control over the movements of the ship before reaching a
Confederate port. The cargo, as you are doubtless aware, is very
valuable, consisting of Enfield rifles, munitions, medicines, Ac, cost^
ing in England, I was informed by Colonel M. , something like $850,000.
On the voyage out we encountered much rough weather and shipped
some heavy seas, one of which carried away the forehatchway. I
have, however, made several personal examinations of the cargo, so
far as it was possible, and have the honor to report it apparently in
good condition and the ship free from leakage.

We reached Teneriffe on the morning of the 22d of November,
where the captain was oi-dered to take in sufficient additional coal to
carry him across the Atlantic. He could only get forty tons, however,
out of 100 he required, and this, too, only after a delay of two days.
To this delay and failure to get coal must be in a great measure
ascribed our being hemmed in hero at present. We arrived here on
the morning of the 9th instant. It was necessary, as I have just inti-
mated, to take in coal to make up the deficiency of supply at Tene-
rifife. The captain's orders were to make the port, however, in any
case, where Mr. Helm, the agent of your Department at Havana, was
to meet us for the purpose of giving the latest information of the
U. S. blockading vessels, to designate our port of entry, and to fur-
nish us a pilot. We, however, found neither Mr. Helm, nor instruc-
tions or pilot. Fortunately, the Isabel (Ella Warley), from Charles-
ton, was here, and Captain Bird succeeded in engaging their pilot.
Two days were required to ship our coal, and before'it was in the U. S.
gun-boat Flambeau came into the harbor under circumstances that
leave no doubt that she came expressly for us, and will in all proba-
bility wait to take us when we go out. Her officers have been heard
to say that they shall not move an inch for the Theodora or Ella
Warley, as the Gladiator is the one they came for and intend to have.

I am perfectly satisfied, and so is Captain Bird, that information of
the sailing of this vessel (Gladiator) was transmitted from England to
Washington. Captain Bird says the custom-house officers in London
intimated to him their virtual knowledge of our destination and gave
him friendly warning that several persons had been making a very
critical examination of the custom-house books. The chief mate was
told two or three days before we sailed, as a secret, that the Gladiator
was to run the blockade. The second mate received similar informa-
tion from another source, and two days before sailing two persons in
a small boat were off broadsides in the stream for several hours, appar-
ently engaged in making a careful sketch of her build, rig, &c. I was
hardly surprised at this when I learned that her cargo was put in
without the slightest disguise, the cases of muskets being so labeled in
large, plain letters, the cartridges ditto, and the powder in the well-
known ordinary packages of that article. Neither Mr. Scott, who was

CONFEDERATE AUTHORITIES. 801

to have carried the dispatches to Richmond, Mr. Pry, who takes this,
nor myself, however, knew even the name of the vessel until the day
she left. We were not surprised, therefore, to find the Flambeau so
close upon us.

There are now two steamers here, and one fast sailing sloop belong-
ing to Charleston. Were Mr. Helm or any one else here authorized to
order it, the cargo of the Gladiator could be easily divided among
those three vessels and our own, with a moral certainty that three out
of the four would run the blockade. As it is we run into the very jaws
of capture if we start alone, as our vessel is a craft of less than eight
miles and a half average speed, and totally unprovided with cannon
for defense. But Mr. Hehn is not here. As our coming was announced
to him by the letters which left London on the 2d of November and
which must have reached him on the 22d, I fear that illness, capture,
or other disability must have prevented his coming; and although we
have written him from here urging him to come immediately, feel
much doubt in reference to it.

Under these circumstances I have felt it my duty to send you this
communication, and further, in view of the uncertainty of Mr. Helm's
reaching here, the great value of the cargo, and the importance of its
early and safe arrival, beg to suggest: First. The propriety of sending
the Theodora, which carries this, back again for a part of our cargo.
Second. That your Department send to myself or Captain Bird author-
ity to divide the cargo of the Gladiator between the Ella Warley,
Theodora, the schooner before spoken of, and herself. The steamers
Theodora and Warley are both far swifter than the Gladiator, and the
schooner, in a fair wind, not much slower. Thus divided, the fleet
might run out in face of the gun-boat and endeavor to outstrip her,
or depart singly. I am aware of the difficulty of changing cargo in a
neutral port, but think it may be managed. Third. That the Theo-
dora bring out a few cannon, by which she, the Isabel, and schooner
can make fight. This, however, is only a casual suggestion. I have
ventured also to inclose some suggestions for the loading, &c., of
future cargoes from England for your Department. I hope you will
excuse the liberty for the sake of the motive. Mr. Fry, the bearer of
this, can give you any further needed information. I have the honor
of bearing letters of introduction from Colonel Mann to members of
the Cabinet, with memoranda of suggestions which he wished me to
make to them verbally. I had the honor of an introduction to you in
June last in Richmond, and am known to His Excellency Governor
Letcher, ex-President Tyler, &c., in Richmond.

I have the honor to be, sir, your obedient servant,

D. T. BISBIE.

[Inclosare.]
SUGGESTIONS.

First. To purchase or charter no vessel whose former log-book, on
actual trial, under all circiimstances, does not show a speed of thirteen
to fifteen miles average. Second. To make the amount of the charter
or purchase money dependent in part on the success of the run, so as
to make the owner or agent interested in maintaining that secrecy
necessary to success. Third. That the steamer bought or chartered
should, if possible, be taken out of some regular trade — as from Lon-
don to Cadiz; that her cargo, if arms, <fcc., should be in disguised

51 K R — SERIES IV, VOL I

802 CORRESPONDENCE, ETC.

packages directed to real persons at the place or places to which the
steamer formerly ran (which names the parties shipping would, of
course, know), and that the steamer load at her usual wharf or dock
in her usual way, in such manner as to excite no attention, without a
single soul around her knowing anything about the cargo or its desti-
nation, except the shipping agent or iirm, who, as above suggested,
would be interested in complete secrecy. Fourth. That powder, which
is not allowed to be loaded in London, be placed on board some small
vessel, directed to parties in some other port of England, France, «fcc.,
and quietly put on board the steamer at her first night's anchoring in
the Channel. Fifth. That at this point also the captain and crew
intended to run the blockade take charge of the vessel. Sixth. That
each ship should have two pilots, previously sent over from the Con-
federate States, who are perfectly familiar with the coast; that she
should carry coal enough to make the entire trip, and have iron, steel,
and tools enough on board to make any necessary repairs to boilers or
machinery on her way out. A vessel so loaded and provided would only
have to select some port on this or some other West India island, as
points of inquiry (even if that were necessary), and proceed at once
to the Confederate States, with almost a positive certainty of running
the blockade successfully.
Respectfully submitted.

Resolved by the Oeneral Assembly of Georgia, That the Governor
be, and he is hereby, authorized and instructed to tender to the Con-
federate Government the volunteer forces called into service under
the law of one thousand eight hundred and sixty, or which may
hereafter be called into service for the State defense, in companies,
battalions, regiments, brigades, or divisions, as may be found to be
acceptable to the War Department of the Confederate States: Pro-
vided, That the Confederate States will receive them for the term of
their enlistment and for local defense in this State, iinder the act of
Congress to provide for local defense and special service, approved
August twenty-one, one thousand eight hundred and sixty-one:
Arid provided further, That if the Confederate States shall not accept
said troops, in that event the troops shall remain in service as State
troops, under the terms of their enlistment: And provided further,
That such tender shall be made, so far as the troops now in the State
are concerned, before the fifteenth day of January next, and before a
greater sum than $1,000,000 is raised or expended ^s provided for in
the twentieth section of the general appropriation bill: And provided
further, That none of said troops shall be transferred to the Confed-
erate service without their full consent, first fairly obtained by
companies if organized as independent companies, by battalions if
organized as independent battalions, or by regiments if organized in
regiments.

Be it further resolved, That we earnestly recommend the Confed-
erate Government to receive said State forces, should they assent, with
all their field and general officers, and if there be no law now author-
izing such acceptance, we respectfully request our Senators and
Representatives to urge the passage of a bill to effect so desirable an
object.

Assented to December 16, 1861.

CONFEDERATE AUTHORITIES. 803

A17 ACT proTiding for the transfer of certain appropriations.

The Congress of Ihe Confederate States of America do enact, That
all sums remaining unexpended out of the appropriations made by
the following acts, to wit: Fii-st, "An act making appropriations for
the siipjwrt of the Regular Army of the Confederate States of America,
for twelve months, and for other purposes," approved Mivrch eleventh,
eighteen hundred and sixty-one; second, "An act makiug appropria-
tions in addition to those already made for the military ser^-ice of the
Confederate States of America, for the fiscal year ending the eigh-
teenth day of February, one thousand eight hundred and sixty-two,"
approved May twenty-first, eighteen hundred and sixty-one, be, and
tie same are hereby, ordered to be transferred for distribution and
expenditure in the manner pro^dded in the second section of an act
entitled '"An act making appropriations for the public defense,"
approved on the twenty-fiist day of August, eighteen hundred and
sixty-one.

Approved December IS, iSiil.

AX ACT to establish tie date from which the coniinissions of certain staff officers

shaO take effect.

The Congress of the Confederate States of America do enacts That
all sui^ieons, assistant surgeons, quartermasters, commissaries, and
assistant quartermasters and commissaries, appointed and commis-
sioned in the Provisional Army, and who may have commenced their
service before receiving their commissions, shall be entitled to take
rank and receive pay from the date when they actually commenced
TO perform their respective duties with troops in the service of the
Confederacy.

Approved December IS, 1861.

A2f ACT furtiier supplementary to an act to anthorize the issue of Treasnry
notes and to provide a war tax for their redemption.

TM Congress of the Confederate States of America do enacts That
the Secretary of the Treasury is hereby authorized to pay over to the sev-
eral banks, which have made advances to the Government in an antici-
pation of the issue of Treasniy notes, a sufficient amount, not exceeding
§10,000,000, for the piineipail, of Treasury notes to pay the principal
and interest due upon the said advance, according to the engagements
made with them.

Sec. 2. The time fixed by the said act, to which this act is further
supplementary, for making assessment*, is hereby extended to the first
day of Januarv next; and the time for the completion and delivery
of "the li.sts is extended to the first day of February next : and the time
for the return of the said lists to the chief collector is extended to the
first dav of March next; and in cases where the time thus fixed shaU
be found insufficient, the Seexetary of the Treasury shall have power
to make further extension as circumstances may require.

Sec. 3. The cash on hand, or on deposit in bank or elsewhere, men-
tioned in the fourth section of said act, is hereby declared to be subject
to assessment and taxation; and the money at intei-est, or invested by
individuals in the ptirchase of bUls, notes, and other securities for
money shall be deemed to include securities for money belonging to
non-residents, and such securities shall be returned and the tax thereon

804

paid by any agent or trustee having the same in possession or under
his control, 'fiie term "merchandise" shall be construed to include
merchandise belonging to any non-resident, and the property shall be
returned and the tax paid by any person having the same in possession
as agent, attorney, or consignee : Provided, That the words ' ' money at
interest," as used in the act to which this act is an amendment, shall
be so construed as to include all notes or other evidences of debt, bear-
ing interest without reference to the consideration of the same. The
exception allowed by the twentieth section for agricultural products
shall be construed to embrace such products only when in the hands
of the producer, or held for his account. But no tax shall be assessed
or levied on any money at interest when the note, bond, bill, or other
security taken for its payment shall be worthless from the insolvency
and total inability to pay of the payor or obligor, or person liable to
make such payment; and all securities for money taxable under this
act shall be assessed according to their value, and the assessor shall
have the same power to ascertain the value of such securities as the
law confers upon him with respect to other property.

Sec. 4. That an amount of money, not exceeding $25,000, shall be,
and the same is hereby, appropriated out of any money in the Treasury
not otherwise appropriated, to be disbursed under the authority of the
Secretary of the Treasury, to the chief State tax collectors, for such
expenses as shall be actually incurred for salaries of clerks, oflftce hire,
stationery, and incidental charges, but the books and printing required
shall be at the expense of the Department, and subject to its approval.

Sec. 5. The lien for the tax shall attach from the date of the assess-
ment, and shall follow the same into every State of this Confederacy;
and in case any person shall attempt to remove any property which may
be liable to tax beyond the jurisdiction of the State in which the tax is
payable, without payment of the tax, the collector of the district may
distrain upon and sell the same in the same manner as is provided in
cases where default is made in the payment of the tax.

Sec. 6. On the report of any chief collector that any county, town,
or district, or any part thereof, is occupied by the public enemy, or
has been so occupied as to occasion destruction of crops or property,
the Secretary of the Treasury may suspend the collection of the tax in
such region until the same can be reported to Congress and its action
had thereon.

Sec. 7. In case any of the Confederate States shall undertake to pay
the tax to be collected within its limits before the time at which the
district collectors shall enter upon the discharge of their duties, the
Secretary of the Treasury may suspend the appointment of such col-
lectors, and may direct the chief collector to appoint assessors and to
take proper measures for the making and perfecting the returns, assess-
ments, and lists required by law; and the returns, assessments, and
lists so made shall have the same legal validity, to all intents and pur-
poses, as if made according to the provisions of the act to which this
act is supplementary.

Sec. 8. That tax lists already given, varying from the provisions of
this act, shall be corrected so as to conform thereto.

Approved December 19, 1861.

[December 20, 1861. — For Bragg to Cooper, in relation to re-enlist-
ment of the twelve-months' men, see Series I, Vol. VI, p. 784.]

CONPEDEEATE AUTHORITIES. 805

[December 20, 1861.— For Crittenden to Cooper, in relation to the
organization of troops in East Tennessee, see Series I, Vol. VII, p.
780.]

Richmond, Va., December 20, 1861.
Governor Letchee,

BicJimond, Va.:
My Dear Sie: I received your note of the 9th instant, with inclosed
ordinance of Virginia convention to reorganize the militia, some days
ago, but have been obliged to delay replying until I could get some
information on the subject. The ordinance in question appears to be
an amendment to the militia laws of the State, and although appar-
ently difl&cult of execution, is but little more so than these latter. If
the provisions of the old laws have been carried out the new will not
require much additional labor; and notwithstanding the difficulties in
the way of executing the ordinance in question, if it can be done much
will be gained in the physical condition and term of service of the
militia drafted in accordance with its provisions. It does not appear
to be intended to interfere with the volunteer system, which has been
found efficient and most acceptable to a free and patriotic people. On
the contrary, it seemed designed to promote voluntary enlistments. I
have had but little time or opportunity for investigating this subject,
and do not attach much weight to the impressions, but merely give
them for what they are worth.

Very respectfully and truly, yours,

JEFF'N DAVIS.

AN ACT to determine the number of members the State of Kentuciy shall be
entitled to have in the House of Representatives of the Congress of the Con-
federate States, and in relation to the election and returns thereof.

Tlie Congress of the Confederate States of America do enact. That
the State of Kentucky shall be entitled to have in the House of Repre-
sentatives of the Congress of the Confederate States twelve members.

Sec. 2. These members shall be elected in the manner, at the time,
and at the places which have been, or may hereafter be, prescribed by
the Legislature of the State, subject to the provisions of the Constitu-
tion of the Confederate States.

Sec. 3. The persons elected shall be certified by the Governor.

Approved December 21, 1861.

RESOLUTIONS relating to Maryland.

Whereas, the State of Maryland has suffered the same wrongs which
impelled these Confederate States to withdraw from the United States,
and is intimately associated with these States by geographical situa-
tion, by mutual interests, by similarity of institutions, and by endur-
ing sentiments of reciprocal amity and esteem ; and

Whereas, it is believed that a large majority of the good people of
Maryland earnestly desire to unite their State with the Confederate
States, a desire which is proved to exist even by the violent, extraordi-
nary, and tyrannical measures employed by our enemy to restrain the
expression thereof; and

Whereas, the Government of the United States, by imprisoning
members of the Legislature of Maryland, by establishing powerful

806 COERESPONDENCE, ETC.

ai'inies of foreign troops within that State and along her borders, and
by suppressing with armed force the freedom of speech and of elec-
tions, has prevented the people and their representatives from adopt-
ing the political connection which they prefer, and in revenge of their
preference has inflicted upon them many outrages and established
over them a foreign despotism; and

Whereas, the accession of Maryland to this Confederation will be
mutually beneficial, and is essential to the integrity and security of
the Confederate Union : Be it therefore —

First. Resolved by the Congress of the Confederate States of America,
That the sufferings of the good people of Maryland under the oppres-
sion of our enemy excite our profound sympathy and entitle them to
speedy and ef&cient exertions on our part for their relief.

Second. That it is the desire of this Government, by appropriate
measures, to facilitate the accession of Maryland, with the free con-
sent of her people, to the Confederate States.

Third. That no peace ought to be concluded with the United States
which does not insure to Maryland the opportunity of forming a part
of this Confederacy.

Approved December 21, 1861.

Havana, December 21, 1861.
Hon. J. P. Benjamin,

Secretary of War, Richmond:
Sir : Your letter of the 30th ultimo was handed me b5' Mr. Louis
Heyliger on the evening of the 18th instant. When at London, in
consultation with Captain Huse, it was agreed that a sailing vessel
should be sent to me with arms and munitions of war, to touch at Car-
denas for orders; hence my dispatch No. 1, to the State Department,
a copy of which, has been furnished you. On the 18th day of October
Captain Huse writes me from London, as follows :

I have purchased and expect to have ready for sea by the 25th at least (the 25th
oi OctobeT') a BchooTieT. She is to Toe \oa4e4 -wi-tVi aTiaao.-u.mtioii, and. ■WTiu.'be con-
signed to you. If possible I shall have on board of her a supercargo, who will

have power to dispose of the ship. She will, of course, have to sail under

colors, and therefore, to avoid all difficulty, owned by a subject until

she arrives in Cuba.

After giving a list of the cargo and a description of the vessel he
continues: "It will be quite impossible for me to remit any money to
you." This communication was the inducement to my second dis-
patch on this subject to the State Department, No. 5, dated 15th
ultimo, a copy of which has doubtless been furnished you by that
Department. On the 23d ultimo I received a second communication
from Captain Huse, dated 31st of October, informing me that he had
not loaded the schooner, but a screw steamer, and says:

She ought to be on the coast from the 25th of November to the 5th of December.
Should you have any communication to make vrith the captain I beg that you will
send or go to Nassau. If you can provide a coast pilot at that port it would con-
tribute much to the chances of success, and if such be in your power I beg that

you will do so. The captain is a subject, and is, I think, fully qualified for

his work. He will have a mate that has run the blockade at New Orleans, and
who knows something of the Southern (Atlantic) coast. He is an American, and
I have some confidence in him as a coast pilot. But if you can possibly have a
thoroughly competent one at Nassau , I hope that you vrill not spare any efforts to
make that an-angement.

This letter, which very fully describes the steamer and cargo, and
in which was inclosed a copy of his contract with the owners of the

CONFEDERATE AUTHORITIES. 807

steamer, reached me by the hands of Mr. Davis, president of the
Bank of Louisiana, after the Nassau steamer had sailed ; and as there
is no trade between Havana and Nassau, it was impossible that I
could communicate with the captain, or send a pilot to that port, could
I have obtained one here, without chartering a vessel for the express
purpose. No pilot for any other than the port of New Orleans could
be found here at the time, and therefore I did not charter a vessel.
(See my dispatch to the State Department, No. 6, dated 1st instant.)
<Jn the loth instant I received a note from the captain of the steamer
announcing his arrival at Nassau, and the fact that a U. S. war
steamer was in port, and his determination to remain there until
he heard from or saw me, and on the 18th I received a second note,
in which he says : "I wish particularly to see you." On the receipt of
the first note I engaged a very competent and trustworthy gentleman
(Mr. Norris) to proceed to Nassau to aid and assist the captain; but
with the Nassau packet came Mr. Ileyliger, who had put into that
port with the Theodora in distress, and after repairing and dispatch-
ing her for the Confederate States came to Havana. I therefore
requested Mr. Heyliger to return to Nassau to take charge of the
steamer, which he very readily consented to do, and to-day sailed on
the steamer Kamak, with full power from me to act for the Confed-
erate States.

I think Captain Huse acted wisely in shipping the cargo by steamer
instead of a sailing vessel, but if necessary to touch at all before run-
ning in, that it is unfortunate he had not directed the captain to
touch at Cardenas, Matanzas, or Havana, instead of Nassau, as the
cargo could have been discharged and stored here if necessary, which
cannot be done at Nassau, as I learn. But this he could not have
known. There is now a competent coast pilot on the steamer, and if
she can get off from Nassau without capture she will no doubt get
safely in. I have received from Mr. Heyliger the bill for £3,000,
which I will negotiate on the best terms, and devote the proceeds to
the purposes for which it is intended, and account to your Depart-
ment as you direct.

I have the honor to be, with great respect, your obedient servant.

CH. J. HELM.

Havana, December 2^, 1861.
Note. — I have opened this dispatch to say the steamer from South-
ampton is just in, and the news indicates with almost certainty an
immediate declaration of war by England against the Federal Gov-
ernment, and I have thought it prudent to dispatch a vessel to Nassau
with the news, that Mr. Heyliger may not take unnecessary risks with
property of such great value and so important to the Confederacy.
I hope to be able to charter and dispatch a small vessel to-night.
Captain Huse writes me that a sailing vessel is now en route for this
place with a full cargo, which will probably arrive by the end of the
month.

Very respectfully, &c., CH. J. HELM.

AN ACT to exempt the property of the people of Kentucky from sale for the
United States war tax, and to prevent the misappropriation of the school
fund.

Whereas, the late General Assembly of the Commonwealth of Ken-
tucky, at the city of Frankfort, during its fall session of one thousand
eight hundred and six-one, undertook to appropriate the enormous

808 OOREESPONDENCE, ETC.

sum of $5,000,000 to prosecute the present unjust and iniquitous war
for the subjugation of the people of the Confederate States, and for
the extermination of the institution of slavery in all the States where
it exists; and

Whereas, for the like unholy purposes, the same General Assembly
undertook to seize and appropriate the funds which had been set
apart and dedicated to the purposes of common schools in the Com-
monwealth; and

"Whereas, in the opinion of this provisional government for the State
of Kentucky, those acts on the part of the said General Assembly are
regarded as gross usurpations of power not warranted by the consti-
tution of the State of Kentucky, nor sanctioned by the people, but
expressly in violation of their known will: Therefore, to relieve the
people of this Commonwealth from these insufferable burdens and
hardships —

Section 1. Be it enacted hy the CoimcU of the provisional govern-
ment of the State of Kentucky, That the property of every citizen
of this State of every kind and description shall be, and the same is
hereby, declared exempt from seizure or sale to satisfy or pay any
part of said $5,000,000, or from being held liable in any way for the
payment of said sum or any part thereof. And any officer, agent, or
collector who shall seize and sell the property of any citizen of this
State, to pay any part of said sum of money, shall be guilty of a high
misdemeanor, and shall pay back to the person double the value of
the property thus sold, and in additon thereto, upon an indictment
by a grand jury, shall be fined in any sum not less than $100 nor
more than $500, and be imprisoned in the county jail for a period of
not less than six nor more than twelve months, and the money hereby
received as a fine shall be paid into the treasury of the State and
constitute a part of the common school fund.

Sec. 2. Be it further enacted. That the fund known as the com-
mon school fund shall be held sacred and inviolate, and shall not be
applied to any other object than that for which it was intended,
namely, the education of the poor children of the State; and any
agent, collector, or disbursing officer who shall receive, collect, or
have in his custody or control any part of said common school fund,
and shall pay out, disburse, or distribute the same for any other pur-
pose than for liabilities created on said fund for educational purposes,
shall be guilty of misdemeanor, and upon being indicted by a grand
jury, and upon conviction, shall be fined in double the amount thus
paid out or disbursed by him, which fine when recovered shall be paid
into the treasury of the State and go into the common school fund
and constitute part of it.

Sec. 3. Be it further enacted. That the property of every kind and
description of the citizens of the Commonwealth shall be, and the
same is hereby, declared exempt from the payment of any part of the
direct and income tax required by the Federal Congress at Washing-
ton City at its last session, to be collected from the people of this
State, and any officer, agent, or collector for said Federal Government
who shall seize and sell the property of any citizen of the State to pay
any part of said tax shall be declared guilty of a misdemeanor, pay
to the owner of such property double the value thereof, and shall,
moreover, be liable to an indictment by a grand jury, and upon con-
viction shall be fined in any sum not less than $100 nor more than
$500, and be imprisoned in the county jail not less than six nor more
than twelve months.

CONFEDERATE AUTHORITIES. 809

Sec. 4. Be it furtlier enacted, That any officer, either Federal or
State, who shall engage in the enforcement of any law confiscating
the property of any citizen of this State, in conformity to any law
passed by the Federal Congress at Washington City, or by the Legis-
lative Assembly at Frankfort, Ky., shall be, and he is hereby, declared
guilty of a high misdemeanor, and upon being indicted by a grand
jury and convicted of the offense shall be fined in any sum not less
than §500 nor exceeding $1,000, and shall be imprisoned in the county
jail for any period not less than twelve months nor more than two
years. T)ie fines recovered under the fifth section of this act shall
be paid into the treasury of this State.

Sec. 5. Be it further enacted. That the title to any property which
may be confiscated under any law passed by the Federal Congress at
Washington, or the Legislature at Frankfort, .shall not be impaired,
and said property shall be restored to such person and the title
thereto be the same as though no such confiscation had occurred.

Approved December 21, 1861.

[December 21, 1861. — For Davis to C. F. Jackson, in relation to
the transfer of Missouri troops to the Confederate Government, see
Series I, Vol. VIII, p. 717.]

AN ACT in relation to taxes on property which has been, or which is liable to
be, sequestered as the property of alien enemies.

Tlie Congress of (lie Confederate States of America do enact as
folloivs. That it shall be the duty of the receivers under the seques-
tration act to pay all taxes upon property of alien enemies, which is
liable therefor within their respective districts, out of any funds in
their hands as receivers, said payment to be charged to the account
of the property upon which the tax has been paid: Provided, hoiv-
ever, If it appear to any receiver that such property, in any case, is
not worth more than the taxes for which it is liable, he shall report the
facts to the Secretary of the Treasury, whose duty it shall be to
instruct the receiver whether he shall pay the taxes or allow the
property to be sold for the taxes.

Sec. 2. That the receivers be authorized to sell, by order of court,
and in such manner and upon such terms as the court may pre-
scribe, any property within their respective districts which has been
sequestered, or which is liable thereto, for the purpose of raising
money for the payment of the taxes aforesaid.

Sec. 3. That whenever a receiver has not funds in hand, over and
above what is necessary for other expenditures, sufficient to pay said
taxes, and cannot obtain the same by sale as aforesaid within the
time fixed for the payment of said taxes, he is hereby authorized to
give to the tax collector charged with the collection of the taxes a
certificate of the amount due, and he shall specify therein the prop-
erty upon which the same is due; and the Secretary of the Treasury
shall pay the amount so certified to be due, and shall cause the same
to be charged to the sequestration fund. But the giving of the cer-
tificate shall be subject to the same condition precedent as provided
in regard to payment in the first section of this act.

Sec. 4. That the Secretary of the Treasury be authorized to make
agreements with the several States, counties, cities, and towns for the

810 CORRESPONDENCE, ETC.

postponement of the collection of taxes for which the property of alien
enemies sequestered, or liable to be; and in case any one or more of
the States, counties, cities, or towns consent to the same, he is hereby
empowered to issue certificates for the amount due, bearing interest
at the rate of six per cent, per annum, which shall bind the Govern-
ment to pay the same, and which, when paid, shall be charged to the
sequestration fund.

Sec. 5. That whenever the property of an alien enemy sequestered,
or liable thereto, has been, or shall hereafter be, sold for taxes, the
Secretary of the Treasury is hereby authorized, with the assent of the
State in which the property has been sold, to redeem the same by the
payment of the sum or sums required to be paid by citizens in such
case, or by the issue of certificates therefor, as hereinbefore provided,
should he deem it advisable ; and in all such cases such property shall
go into the hands of the receiver for the district in which the same is
situate, and be held and accounted for in the same manner as other
sequestered property; provided the amount of the redemption shall
be charged to the sequestration fund.

Approved December 23, 1861.

Charleston, December 23, 1861.
Hon. C. G. Memminger:

Dear Sir : The Theodora at Wilmington brings intelligence of the
arrival at Nassau of the steamer Isabel (Ella Warley) and schooner
Prince of Wales from this port, both with cotton hence, which we
destine for Liverpool. Our ship Eliza Bonsall had also arrived there
with an assorted cargo, partly owned here. The Gladiator had also
arrived, but not having had any letters by her we inclose you the
within from a stranger of whom we have no knowledge, but it may be
useful. It seems matter of regret that the Theodora did not bring a
part of the Gladiator's cargo. We are dispatching the steamer Car-
olina hence to Nassau, to sail about Thursday or Friday next — upon
reflection, the holidays intervening, say Monday next — and if the
Government desires to avail of the opportunity for passage of agents
or transmission of dispatches, have the kindness to keep her in view.
This vessel, though a good sea boat, is exceedingly light draft, and
will meet with but lijbtle trouble around Nassau, we hope. The Ella
Warley is taking some of the Eliza Bonsall's cargo for this place.
She is under British colors.

Yours, very respectfully,

JNO. FRASER & CO.

[Inclosure.J

Steamer Theodora, December 20, 1861.
Messrs. John Fraser & Co. :

Gentlemen: Having promised Captain Bird, of the steam-ship
Gladiator (consigned to your care), that I would call upon you and
explain the position of that vessel, but having succeeded in running
the blockade at a different point from what I expected, and having no
business to take me to Charleston, I take the liberty of addressing you
a few lines for the purpose of acquitting myself of the promise. It
is, perhaps, quite unnecessary for me to write, for Captain Lockwood,
who promises to deliver this, will be able to explain to you quite fully
the nature of the blockade from which the Gladiator is suffering. I
will simply state that we left Gravesend on the 10th of November

CONFEDEBATE AUTHORITIER. 811

with a cai^o of inestimable value for the C. S. Army, with instruc-
tions to proceed to Teneriffe and coal, and then to go to Nassau to
meet Mr. Helm. We had diflBeulty in procuring coal at Teneriffe, in
consequence of the large number of French and Spanish steamers
taking in coal for the Mexican expedition, and we were finally com-
I)elled to leave with an insnficient quantity. We reached Nassau on
Monday, the 9th of this month, and to our great annoyance Mr. Helm
was not there. The weather we had just before running into Nassau
was of a magnificent character for running the blockade, but unfor-
tunately we had no pilot, nor, indeed, had the captain authority to
deviate from the prescribed course. On our arrival we found the
steamer Isabel, from Charleston, the captain of which was kind
enough to let us have his excellent pilot. It was neeeasary to make
some alterations to the machinery in order to increase her speed, and
to take a few tons of coal on board. This would have detained us
until Thursday morning. On Wednesday morning, to our great dis-
gust, the Federal steamer Flambeau, mounting two guns, came into
port, and the Gladiator was effectually blockaded. The captain did
not dare venture out, as the Flambeau is a much faster vessel and
would overhaul the Gladiator without trouble. The great mistake,
indeed, has been to send so slow a vessel on such an expedition.
Thinking that if no other vessels came to the assistance of the Flam-
beau it might not be impos-sible to send some vessel which might be
more than a match for her and extricate the Gladiator from her embar-
rassment, I arranged with the ofiSeers before leaving a series of signals
by which she could be informed by any vessel sent to her relief of her
character before entering the harbor, and could in return inform her
if there were any more Yankee gun-boats in the harbor and the num-
l)er of guns they carry. From what I heard of vessels outside I fear
this will be of no use, but should the information be desired I would
readily communicate — nay, if desired, would even accompany an
expedition sent out with prospects of success.
I remain, respectfully,

WM. D. HOYT,

Athens, Oa.

[December 23, 1861.— For Milton to Benjamin, in relation to organ-
ization of Florida troops for Confederate service, see Series I, VoL
LIII, p. 202.]

AN ACT to authorize the President to confer temporary rank and command on
oflBcers of the Navy doing duty with troops.

The Congress of the Confederate States of America do enact. That
the President be, and he is hereby, authorized to confer on any oflftcer
of the Navy ordered to do duty on shore with troops such temporary
military rank and command, and with such limitations and restric-
tions, as he may deem proper.

Sec. 2. Any officer of the Navy on whom military rank and com-
mand shall be conferred, in virtue of the foregoing section, shall
retain his rank in the Navy, and shall be entitled only to the same
pay and emoluments thai he would have received if no such rank and
(command had been conferred on him.

Approved December 24, 1861.

812 CORRESPONDENCE, ETC.

AN ACT to amend an act entitled "An act to establish a tiniform rule of natu-
ralization for persons enlisted in the armies of the Confederate States of
America."

The Congress of the Confederate States of America do enact, That
the provisions ol the above-recited act be, and the same are hereby,
extended to all persons not citizens of one of the Confederate States
who are engaged in the naval service of the Confederate States during
the present war with the United States: Provided, however. That the
oath therein prescribed may be administered by the captain or other
commanding ofBcer of any national ship to all persons entitled to the
benefit of this act and attached thereto, and that the duties therein
imposed upon the Secretary of War, in regard to persons in the mili-
tary service, shall be performed by the Secretary of the Navy in ref-
erence to persons in the naval service.

Approved December 24, 1861.

AN ACT making appropriations for the expenses of Government in the legisla-
tive, executive, and judicial departments, for the year ending eighteenth of
February, eighteen hundred and sixty-two.

The Congress of the Confederate States of America do enact. That
the following sums be, and the same are hereby, appropriated for the
objects hereafter expressed, for the year ending the eighteenth of
February, eighteen hundred and sixty- two:

War Department. — For the pay of officers and privates of the
Army, volunteers and militia, in the service of the Confederate States,
for quartermaster's supplies of all kinds, transportation, and other
necessary expenses, $46,032,199.

For the purchase of subsistence stores and commissary property,
$9,150,807.

For the ordnance service in all its branches, $2,340,000.

For the engineer service, $135,000.

For surgical and medical supplies of the Anny, $250,000.

For contingencies of the Army, $34,000.

For contingent- expenses of the Adjutant and Inspector General's
Office, including office furniture, stationery, printed blanks for the
use of the Army, postage, telegraphic dispatches, &c., $6,700.

Approved December 24, 1861.

AN ACT supplementary to an act to authorize the issue of Treasury notes, and
to provide a war tax for their redemption.

The Congress of the Confederate States of America do enact, That
the authority granted to the Secretary of the Treasury to issue
Treasury notes by the act to authorize the issue of Treasury notes,
and to provide a war tax for their redemption, approved August nine-
teen, one thousand eight hundred and sixty-one, be, and the same
is hereby, extended and enlarged so as to authorize the issue of an
additional amount of $50,000,000 of Treasury notes of the same char-
acter, and sxibject to the same provisions as the notes authorized by
the said act.

CONFEDERATE AUTHORITIES. 813

Sec. 2. The Secretary of the Treasury, with the approval of the
President, in addition to the bonds authorized to be issued by the sec-
ond section of the said act approved August nineteen, one thousand
eight hundred and sixty-one, to which this is supplementary, is hereby
authorized to issue bonds, not to exceed at any one time an amount of
$30,000,000, payable not more than twenty years after date, and to
bear an interest not to exceed 6 per centum per annum, interest pay-
able semi-annually; to be exchanged for Treasury notes Issued under
authority of this act or of the act to which this is supplementary;
and said bonds may, at the option of the holder, be reconverted into
Treasury notes, under such rules and regulations as the Secretary of
the Treasury may prescribe, and the bonds and Treasury notes author-
ized by this act to be subject to the same provisions, in all respects
not contrary to the provisions of this act, as the bonds and Treasury
notes authorized to be issued by the act of the nineteenth of August,
one thousand eight hundred and sixty-one, to which this is supple-
mentary.

Approved December 24, 1861.

Office of the Secretary of Congress,

December H, 1861.
President Davis:

The Congress of the Confederate States of America on Friday and
Saturday, the 20th and 21st of December, 1861, ratified the following
treaties: Treaty between the Choctaw and Chickasaw Nations of
Indians and the Confederate States of America; also, the Creek
treaty, together with the supplementary article to the same; also, the
treaty with the Seminole Indians; also, the treaty with the Cherokee
Indians; also, the treaty with the Noconi Indians and other bands of
Comanche Indians; also, with the reserve Indians; also, with the
Osages; also, with the Senecas and the Shawnee Indians; also, with
the Quapaw Indians; also, a supplementary article to the treaty with
the reserve Indians.

Respectfully, your obedient servant,

J. J. HOOPER,
Secretary of the Congress.

Richmond, December 2i, 1861.
Governor John Milton,

Tallahassee:

Requisitions for troops on the Executive of Florida ought properly
to be made by General Lee only, except in case of emergency. The
Government here does not accept troops for twelve months unless
armed, and if your troops are not armed it is better not to raise any
more than General Trapier may want to man batteries. If your State
can arm them we will receive as many twelve-months' men as you
can furnish.*

J. P. BENJAMIN,

Secretary of War.

•This in reply to Milton of December 33, Series I, Vol. LIII, p. 303.

814 CORRESPONDENCE, ETC.

[Decembbe 24, 1861. — For Benjamin to Trapier, with reference to
organization of troops in Florida, see Series I, Vol. LIII, p. 203.]

[December 24, 1861. — For Benjamin to Crittenden and Crittenden
to Cooper, in relation to the organization of troops in East Tennessee,
see Series I, Vol. VII, pp. 790, 791.]

Confederate States of America, War Department,

Bichmond, December 24, 1861.

His Excellency Thomas O. Moore,

Governor of Louisiana :
Sir: I have the honor to acknowledge receipt of your letter of 17th
instant on the subject of shipments of cotton from New Orleans. In
reply I beg to say that Congress has had its attention turned to this
subject more than once and has hitherto refused to interfere with
shipments of produce of all kinds from our ports, and I do not there-
fore consider that any executive officer has power to interfere with
such shipments when made in good faith. It is obvious, however,
that with our ports blockaded nothing would be easier than for per-
sons under pretext of attempting to run the blockade to trade with
the public enemy. It is of course the duty of we executive officers
to intercept such unlawful voj'ages and break up such intercourse.
In this view of the case I have instructed our commanders at differ-
ent ports to watch over such voyages, to permit no vessels to leave
port in face of an efficient blockading squadron, and to interfere
whenever there were well-grounded supicions of collusion with the
enemy. Beyond this (which is purely executive) it has been my aim
not to interfere with a commerce which Congress has not thought
proper to interdict. The measure you adopted in New Orleans of not
permitting the accumulation of cotton in the harbor (so as to avoid
tempting the enemy of an attack for the purpose of capturing it) is
entirely similar in its character to those adopted by this Department.
It was a measure of military defense, and as such within the discre-
tion of the commander-in-chief of the State. But where parties in
good faith are engaged in the lawful commerce of exporting cargoes
to neutrals, in the absence of any prohibiting legislation by Congress,
I am unable to perceive on what ground the executive departments
of either the State or the Confederacy could justifiably interfere. I
know no stronger test of good faith than when parties run the block-
ade into our ports with cargoes adapted to our needs. But when
vessels enter in ballast for the purpose of taking out cargoes of naval
stores or cotton, both much needed by the enemy, I have felt justified
in regarding such cases with great suspicion as prima facie collusive
and fraudulent.

I am, very respectfully, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

p. s. — May I beg of you the favor to show this letter to Hon. E. W.
Moise as my answer to a dispatch on the same subject just received
from him.

CONFEDERATE AUTHORITIES. 815

Nassau, New Providence, December 27, 1861.
Hon. J. P. Benjamin,

Secretary of War, Richmond, Va.:

Dear Sir : My last communications to you were under dates of 12th,
14th, 15th, and 16th instant, per steamer Theodora, which vessel I
trust has safely entered a Confederate port. Lest anything should
have happened to prevent the receipt of my letters I will briefly repeat
that the Theodora was compelled to enter the port of Nassau in dis-
tress, having sprung a leak the second day out, and it was with the
greatest difficulty that she was saved from foundering. We reached
here on the 10th, and found that the vessel was unfit to carry cargo.
There being no ways or dry dock here we put such repairs as were
indispensably necessary to enable her to reach home, and she sailed
on the 17th. In her then condition she was utterly unavailable for
service, and it was the only course that could be adopted to turn her
to good use hereafter.

As matters have resulted we could have got no cargo at Cardenas or
Havana, inasmuch as the vessel which you and Mr. Helm expected at
Cuba turns out to be the Gladiator, now in the port of Nassau, whither
she was ordered by Captain Huse to receive instructions from Mr.
Helm. This latter gentleman did not receive the intelligence of the
changed direction of the Gladiator until after the departure of the
Karnak on her November trip to this place, say the 22d or there-
abouts; otherwise he would have come on to Nassau. I wrote to you
in my previous dispatch that I did not feel justified to give Captain
Bird advice of an authoritative character. Could any persuasion
of mine been of avail I should have ordered him oft an hour after
my arrival. He reached here the day before I did. On the following
morning a Yankee gun-boat came in and has never budged since.
Under those circumstances it would have simply been an act of folly
to go out, and we had to resign ourselves to a condition of things for
which there was no apparent remedy. The Gladiator has not the
speed I would desire. She is not more than an eight to nine knot ves-
sel at the very outside. I reached Havana on the 18th and handed
Mr. Helm your letter, together with the bill for £3,000. He acknowl-
edged that my arrival had relieved him of great anxiety, as he could
not well leave Havana, and had already cast about for a proper persor
to proceed to Nassau and take charge of the Gladiator. By referring
to the inclosed copy of his letter you will perceive that he has given
me full authority to act in his stead, and I accordingly returned here
on the 2.3d.

As before observed the situation of things is not changed. The gun-
boat is still here and appears determined to remain. I have caused it
to be represented to the authorities here that the presence of this war
vessel amounts to a virtual blockade of the port; that it must tend to
cut off the trade which the Confederate States desire to direct here,
and thus prove highly injurious to the commercial interests of the
island; that there are limits to the courtesy due to a belligerent in a
neutral port, and that as this Yankee seems determined to take up his
permanent abode here, some steps should be adopted to remind him
that he is infringing on the laws of hospitality. I have reason to know
that these arguments have not been without their effect, inasmuch as
the matter was incidentally discussed at a meeting of the council the
other day, and I really believe that in the course of a week or two
some action will be taken to impress the captain of the enemy's vessel

816 COEEESPONDENCE, ETC.

with the conviction that his absence will be preferable to his com-
pany. In that case, however, he may probably decide to cruise off
the harbor, which would hardly improve our prospects, though it
would be irksome to the enemy. Another Yankee gun-boat came in
the day before yesterday, the Santiago de Cuba, but left again last
evening.

We have succeeded in obtaining a very important modification of
the existing laws, viz, the privilege of breaking bulk and transship-
ment. This, as you are aware, was not previously accorded, so that
if matters come to the worst we may make such a division of the cargo
into other vessels as will diminish the risk. I do not relish the idea
of breaking bulk, and if a chance should present itself — not such a
one even as a very prudent man would adopt — I shall try the run.
As things now stand I shall certainly not do it; indeed, Mr. Helm,
though not limiting my authority, cautioned me to be prudent. The
cargo is really of such value that I dread any accident, and am dis-
posed to shrink instinctively from fhe hazard of a loss. The late
proclamation of the Queen forbidding the export of all warlike mate-
rial (we got that news yesterday) adds materially to the value of the
cargo, and this brings up the chances of a rupture between England
and the United States. I take it for granted that if the demands of
the British Government are not complied with there will be war, and
it may not take more than a few weeks to decide the contingency.
In the event of war our vessel would be perfectly safe under convoy,
and hence the question occurs whether, being compelled to remain,
the detention may not prove to be opportune. To sum up, if a good
chance should present itself I will start; otherwise I shall abide the
course of events.

The steamer Ella Warley, which takes this, is the old Isabel, now
under British colors. John Eraser & Co., of Charleston, are the prin-
cipal parties interested, and she carries from here a cargo of sundries
(but no munitions of war), ostensibly bound to Saint John, New
I3runswick. In case of need she might be made available for trans-
porting a portion of the Gladiator's cargo. So also could the Theodora,
provided she is put in such a condition as I suggested in my former
communication. I have not yet been able either to sell or ship the
seventj^-flve bales of cotton. This is a very poor market, but I expect
to get rid. of it next week, as I am informed that a vessel is to go to
New York, and I may induce some one to buy. In fact a party has
approached me on the subject, but will make no offer until the vessel
is ready to load. Messrs. H. Adderly & Co. have offered to ship it to
New York for me, which is undoubtedly the best market. But with
the temper of the people there I am apprehensive that the authorities
might go behind the alleged ownership and give us trouble in realizing.
I have no desire to speculate on the cotton, but simply to get the best
price without any further risk. As it may so happen that you have
not received the charter party of the Gladiator, I inclose a copy of it.
There are two English gun-boats in port, the Bulldog and the Steady.
I am, verj' respectfully, your obedient servant,

L. HEYLIGER.

[Inolosure.]

Havana, December 20, 1861.
Mr. LotriS HetligeR:

Sir: The British steamer Gladiator, Commander G. G. Bird, with a
cargo for the Confederate States of America, is now at Nassau await-
ing orders from me. As I cannot be at that port in person, I must

CONFEDERATE AUTHORITIES. 817

request that you will on to-morrow sail by the steamer Eamak for
Nassau, and on your arrival exhibit to Captain Bird this letter as
your authority to act in my stead for the Confederate States. Inclosed
you have a duplicate of the contract or charter party, by which the
steamer Gladiator has been engaged to convey the cargo she now has
on board to a port of the Confederate States, and you will consider
yourself clothed with all the power in the control of the said steamer
and her cargo which I could have if personally present, limited only
by the terms of the contract. Captain Bird will willingly co-operate
with you in all things necessary to accomplish the important object
in view, i. e. , the safe arrival of the steamer and cargo at a Confed-
erate port.

I can give you no instruction as to when, where, or how you are to
run the blockade, but leave the matter entirely to your discretion.

CH. J. HELM.

[Sub-incloaure.]
MEMORANDUM.

■ London, October H, 1861.

Mr. Stock, on behalf of himself and friends, agrees to purchase and
fit out the steamer Gladiator to proceed to a port in the Confederate
States, calling for orders at an intermediate port if required, as may
be hereafter agreed upon and signified in writing by Captain Huse to
Mr. Stock. Mr. Stock agrees to take out in the Gladiator 500 tons of
goods, weight or measurement, to be shipped by Captain Huse or his
order, at the rate of £8 per ton, with 5 per cent, primage, to be paid
in cash upon the sailing of the vessel from London, the remaining
room in the ship being at the disposal of the owners.

Captain Huse, on behalf of the Confederate Government, agrees to
insure and bear harmless Mr. Stock, on behalf of the parties inter-
ested, against loss of the vessel at sea, capture, and the consequences
of any attempt thereat, or incident to the running of the blockade,
and also while the vessel may remain at her port of arrival in the
Confederate States. If within a period of 100 days from the date of
sailing of the steamer from her last port she shall not have been heard
of in England, it shall be considered that she has been lost at sea, and
Mr. Stock shall be entitled to payment as hereinafter detailed of the
fixed minimum value thereof, say £15,000. In case of arrival it is
'agreed that the Confederate Government are to have the refusal of
the steamer at the price of £18,000, and Mr. Stock Is to have the option
of calling upon the Government to complete her purchase at the price
of £15,000, being the minimum price herein agreed to by Captain Huse
for and on behalf of the Government and as one of the parties to this
arrangement.

In the event of a contingency arising under which Mr. Stock is
entitled to claim from the Confederate Government, it is agreed that
such claim shall forthwith be settled in London by Captain Huse, and
shall be payable by his order on Messrs. Eraser, Trenholm & Co. at
sight, to be liquidated out of any funds in their hands unappropriated
and applicable to such purpose, or that may afterward become so
applicable, either by special remittance or otherwise.

It is agreed that Mr. Stock, on behalf of himself and friends, is to
have the privilege of taking cabin passengers for his own account and
benefit. It is agreed that Captain Huse has permission to send two
gentlemen as cabin passengers, who will act as supercargoes of the

52 R R — SERIES IV, VOL I

818 CORRESPONDENCE, ETC.

goods shipi)ed by him. These gentlemen will assist the captain with
their advice, in accordance with letters of instructions which will be
placed in the hands of the captain and supercargoes, it being, how-
ever, understood that the captain is free to act as to when and how
he is to seek to enter a Confederate port, without prejudicing the
spirit or letter of this agreement.

CALEB HUSE.

T. A. STOCK.

Richmond, December 28, 1861.
Messrs. John Eraser & Co.,

Charleston, S. C. :
Your letter of 23d to Mr. C. G. Memminger has been referred to me.
The Gladiator, to your address, is at Nassau Avith a very valuable
cargo for us. Can you not give orders that the Carolina and Ella
Warley take parts of her cargo and bring them to us ? The Theodora
was too much damaged to bring any part of cargo. I understand that
there are no blockading vessels either at Wilmington or Brunswick,
Ga. I write at length by to-night's mail.

J. P. BENJAMIN,

Secretary of War.

Confederate States of America, War Department,

Bichmond, December 28, 1861.
Messrs. John Eraser & Co. :

Gentlemen: Mr. Memminger has been good enough to refer to me
your letter of the 23d instant, on the subject of which I telegraphed
you this morning. When we sent the Theodora to Cardenas it was
for the purpose of making arrangements with Mr. Helm, our consul
there, for the transshipment of some cargoes of arms and munitions
of war that were expected there at this time by sailing vessels from
Europe. The Theodora, with Louis Heyliger, esq. , our agent on board,
was very nearly lost at sea, and was obliged to put into Nassau in
distress. While there she met the Gladiator, in relation to which all
necessary information will be found in the inclosed copy of a letter
received from Mr. Bisbie, sent out as supercargo in charge of our prop-
erty on board.* The Theodora was so badly injured by the gale that
she was barely able to get back to Wilmington by aid of temporary
repairs without cargo, and she is now in the hands of the carpenters
in Wilmington. Mr. Heyliger concluded to continue his voyage to
Cardenas for the purpose of consulting with Mr. Helm on ulterior
measures, and is probably back at Nassau by this time, making his
voyage both ways in the Karnak. Your letter suggests the possi-
bility of dividing the cargo of the Gladiator and bringing it home at
least in part on the EUa Warley and Carolina, and I have now to beg
that you do so, if possible, giving preference to the small-arms and
cannon powder, of both of which we are sorely in need. I think the
authorities there would permit the vessel to break bulk in the harbor,
and the Flambeau, if not yet joined by other Federal cruisers, could
not possibly prevent the escape of at least three-fourths of the cargo
if divided between fast steamers. I am not willing to trust any part
of it to sailing vessels, which fall an almost certain prey to the enemy's

' * See p. 800. ~

CONFEDERATE AUTHORITIES. 819

cruisers. I have no means of giving any special instructions as to the
best course to be pursued in Nassau, but will be very glad to hear
that you have confided the matter to your own discreet agents, who,
however, would of course not act without the concurrence of our
agents if present in Nassau. If by the time of the arrival of the Caro-
lina in Nassau news should reach there of war between England and
the United States, it would be better not to remove the cargo from the
Gladiator, as in that event she would probably be able to get convoy
from some vessel or vessels of the British fleet. Please inform me of
any arrangements you may make at your earliest convenience.
Your obedient servant,

J. P. BENJAMIN,

Secretary of War.

Chaklbston, December 30, 1861.
Hon. J. P. Benjamin,

Secretary of War, Richmond:
Dear Sir: We are to-day favored with your letter of the 28th
instant, and shall make every effort to accomplish your wishes in rela-
tion to the cargo of the Gladiator. We hope no attempt will have
been made to get her out of Nassau. She is so slow a vessel that it
would be a desperate risk. We apprehend some difficulty in the
transshipment of the cargo, but our agents, Messrs. Hy. Adderly &
Co., will manage everything with the utmost discretion, and will over-
come this difficulty if it is possible to do so. We think the goods and
vessel will have to be cleared for Saint John, New Brunswick. The
Carolina and Cecile, steamers, wiU be dispatched for Nassau with as
little delay as possible. The former has met with some detention and
cannot now depart before Monday next. The Cecile will follow very
soon. Other arrangements had been made for return cargoes for
both these vessels, but we recognize the paramount importance of
promoting the plans of the Government, and will change our arrange-
ments as far as it may be in our power to do so, and bring a portion of
the cargo of the Gladiator by each of these vessels. If our plans can be
carried out, both will be put under the British flag. The Ella Warley
has already had her nationality thus changed, and if she is fortunate
enough to get home in safety we will send her back immediately.
.We wiU thank you to send us a letter to the person having the control
of the Gladiator's cargo, authorizing and directiug him to deliver the
same (or such portions as may be called for) to our order. He may
be unwilling to deliver it without the sanction of your authority.
Should war have been declared against the United States by England,
we agree with you that it would be better not to disturb the cargo;
but if no other freight ofEer we hope you will not object to the steam-
ers bringing over a part of the goods, as we are setting aside other
arrangements to accomplish your wishes. The freight charged by
these vessels wiU be the same as we before stated for similar business,
viz, for the entire cargo a sum equal to the value of the steamer, and
for a smaller quantity a proportionate sum. The value of these two
steamers is $65,000 each. Capt. John N. Maffitt is willing to go out
in command of the Cecile (as a merchant ship) if the consent of the
Navy Department be given. May we ask you to procure this for us
from the Secretary? We suppose a furlough is all that is necessary.
Yours, most respectfully,

JNO. ERASER & CO.

820 correspondence, etc.

Confederate States of America, War Department,

Richmond, December SO, 1861.
Mr. O. Chauvin,

Pulaski Hotel, Savannah:
Sir: In reply to your communication of 28th instant I inform you
that I accept your propositions with some slight modifications, as fol-
lows, viz : First. You are to introduce into some port of the Confed-
erate States the articles (or as many thereof as you can) embraced in
the list inclosed and signed by me. Your deliveries are to commence
as promptly as possible. Second. You are to purchase these articles
on as reasonable terms as you can, and to receive in payment their
cost, with 50 per cent, profit and reimbursement of freight, drayage,
package, and cost of loading at the port of departure. Third. For
freight you will be allowed twice the current rates of freight from the
port of loading to the port of Havana for articles of merchandise
under neutral flags, say flags of France or England. Fourth. Pay-
ment to be made to you on arrival and delivery of cargo in a Confed-
erate port in good order. This Government assumes no risk whatever,
but will pay on delivery for the articles received, at the rates above
agreed upon, in cotton at current market prices, which cotton you
shall be at once at liberty to export for your own account and risk.
If you bring your cargo into a port where there is no cotton market,
the cotton will be delivered to you at the nearest cotton port to the
one you enter. Fifth. The articles purchased by you will be inspected
by an officer in our service in Europe, and when once inspected and
received by him as satisfactory no further questions of quality will
be made unless the articles be damaged in transportation; this dam-
age is at your risk. Sixth. You are to exhibit this contract to some
one of our commissioners in Europe, who will designate the officer
that will inspect your cargo at its port of loading and furnish you a
certificate of his inspection. Seventh. This contract shall cease upon
the restoration of peace between the United States and the Confeder-
ate States; but this Government will receive and pay for all articles
that may be actually shipped under its terms before it shall be pub-
licly announced in the newspapers of France and England that peace
has been made.

I am, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

[Inclosure.]

Liist referred to in foregoing letter.

One thousand tons saltpeter; 500 tons cannon powder; 100 tons rifle
or musket powder; 50,000 rifles or rifled muskets, with bayonets;
5,000 carbines; 5,000 revolving pistols for cavalry; 10,000 sabers for
cavalry, with belts; 5,000 sabers for artillerists, with belts; 100 tons
of bar steel, assorted sizes, from 1 inch square upward, chiefly small
sizes; 500 gross files, assorted sizes, for armorers and finishing pur-
poses; 2,000 gross assorted screws, from IJ inches up to 2^ inches;
200 carboys nitric acid; 600 carboys sulphuric acid; 100,000 pounds
of leather suitable for harness and bridles.

J. P. BENJAMIN,

Secretary of War.

CONFEDERATE AUTHORITIES. 821

[December 30, 1861. — For C. F. Jackson to Davis, in relation to
transfer of Missouri troops to the Confederate Government, &c., see
Series I, Vol. VIII, p. 724.]

[December 30, 1861. — For Milton to Benjamin, in relation to the
organization of Florida troops, see Series I, Vol. LIII, p. 205.]

AN ACT to provide for a Corps of Engineers for the Provisional Army.

The Congress of the Confederate States of America do enact, That
the President be, and he is hereby, authorized to appoint officers of
engineers in the Provisional Army, to a number not exceeding fifty,
and of rank not higher than captain, whose pay and emoluments
shall be the same as those allowed for officers of a like grade in the
permanent Army of the Confederacy, and whose appointments shall
expire at the end of the pending war.

Approved December 31, 1861.

AN ACT to amend "An act to anthorize the President to confer temporary rank
and command for service with volunteer troops on officers of the Confederate
Army," approved May twenty-first, eighteen hundred and sixty-one.

Be it enacted by the Congress of the Confederate States of America,
That the above-entitled act be so amended that, in addition to the
power therein granted, the President of the Confederate States be,
and he is hereby, authorized to confer temporary rank and command
upon officers of the Confederate Army on duty in the several bureaus
of the Adjutant and Inspector General, Chief of Engineers, and Chief
of Ordnance, to cease at the end of the war; the same to be held
without prejudice to the positions in said Army.

Approved December 31, 1861.

AN ACT to provide for the payment of certain Indian troops.

The Congress of the Confederate States of America do enact. That the
proper quartermaster in the Military Department of Indian Territory
be authorized to pay the officers and men of the company of Creek
mounted volunteers, raised in the month of August, eighteen hundred
and sixty-one, by authority of the commissioner of the Confederate
States, for local purposes, at the North Fork Village, in the Creek
country; and of the Cherokee regiments of Cols. Stand Watie and
John Drew, and of the Choctaw and Chickasaw regiment of Col.
Douglas H. Cooper, and of the Creek regiment of Col. Daniel N.
Mcintosh, and of the companies of Seminoles raised by the chief, by
authority of the same commissioner, and of the other troops called
into the service by Col. Douglas H. Cooper, to aid in suppressing the
insurrection of a part of the Creeks, and of any called into service
by the Creek agent for the same purpose, by direction of the commis-
sioner, for the times during which all of said troops were in the serv-
ice, after being organized and before being mustered into the service,

822

CORHESPONDENCE, ETC.

in the same manner as if they had been mustered in at the respective
times when they were organized and received by the commissioner
or either of said officers; which payments shall be made upon special
pay-rolls for that purpose : Provided, That the allowance in lieu of
clothing shall be paid only to such of said officers and men as shall
have since been or may be mustered into the service, and that none
shall be paid who have deserted or disbanded without permission, or
have taken sides with the insurrectionists among the Creeks.

Sec. 2. And he it further enacted. That the accounts of the acting
commissaries and quartermasters of all said troops shall be settled
and paid in the same manner as if the troops with or for which they
acted had been regularly mustered into the service at the time when
they were organized and received; and that the debts incurred or
moneys advanced by them be paid by the brigade quartermaster of
the brigade commanded by Brig. Gen. Albert Pike: Provided further,
That said accounts shall be also approved by the said brigadier-gen-
eral, and that the prices paid by them be found by him not to have
been excessive or exorbitant and the debts to have been contracted
in good faith and the moneys actually advanced.

Approved December 31, 1861.

Consolidated abstract from returns of the Confederate forces on or about December

SI, 1861.

[Compiled from such retnma as are on file in the War Department.]

Present for duty.

1
I
1

43
If

Command.

Date of retnm.

Army of Northern Virginia (J. E.
Johnston).

Department of Norfolk (Hnger)

Army of the Peninsola (Magrnder) . . .

Departmentof North Carolina (Gatlin).

Department of South Carolina, Geor-
gia, and Florida a (Lee).

Department of Alabama and West
Florida (Bragg).

4,039

668

775

611

1,195

788

324
3,751

605

175

57,859

10,878

12,447

9,679

17, 186

12,051

6,636
58, 702

8,933

2,550

76, 331

13,451
16, 825
12, 107
22,223

16,300

8,621
77,663

11, 699

3,460

98,050

15, 143
20, 683
13,900
26,660

18,075

8,691
103, 999

IT, 760

3,807

Dec. 31, 1861.

Nov. 30, 1861.

Dec. 31, 1861.

Jan., 1862.

Deo. 28 and 31, 1861,

and Jan. 9, 1862.
Dec. 2, 1861, and Jan. 1,

1862.

Western Department, or Department

No. 2 6 (A. S. Johnston).
Army of the Northwest (Loring)

Department of Texas c (Hubert)

Army of New Mexico d (Sibley)

About Dec. 31, 1861.

Oct. 31, 1861 (latest on

file).
Dec, 1861, and Jan.,

1862.

Missouri state Guard d (Price)

Department of Indian Territory d (Pike)

Total

12,931

196,921

258,680

326,768

a The only returns on file for this department are from the First, Second, Third,
and Fourth Military Districts, and the District (or Department) of Middle and
East Florida.

6 No returns are on file for Floyd's and Bowen's brigades, and only the " aggre-
gate present and absent " is reported for Carroll's brigade (4,015) and the volun-
teers in camp in Tennessee (6,000).

c Returns only for the District of Galveston and the troops on the Lower Rio
Grande.

dJSo returns of an approximate date.

CONFEDERATE AUJH©EITIES. 823

I.— ORGANIZATION OF TROOPS— ELECTION, APPOINTMENT, AND RANK

OF OFFICERS.*

1 . Volunteers tendering themselves directly to the Confederate Gov-
ernment for three years or the war may be accepted either singly or
in companies, battalions, or regiments, organized by the election of
their oiBcers. When the offtcers have been once elected, vacancies
are filled by promotion within the same company, battalion, or regi-
ment, except in the lowest grade of company officers, which is filled
by election.

2. Where troops have been raised by the several States for the Con-
federate service, all appointments thereto, except staff appointments,
are made and commissions issued by the State authorities under their
own laws. Such troops must be organized, in all other respects, as
herein provided, and are considered as in the Confederate service
from the date of their transfer during the term of their enlistment.

3. A regiment is composed by law of ten companies, neither more
nor less, which must all be of one arm. A battalion cannot be
accepted as such with less than five companies, and is entitled to but
one field officer unless the number of companies exceeds five.

4. A company must consist, if infantry, of at least sixty-four pri-
vates; if cavalry, of at least sixty ; if artillery (unless otherwise
expressly authorized), of at least seventy, in addition to all officers.
Companies now in service, whether for twelve months or for the war,
may be fiUed up under the recruiting regulations, but no company
shall contain more than 125, rank and file. The muster-rolls of com-
panies stand as the evidence of the rank of their officers until com-
missions are issued.

5. Officers hold rank from the date of the muster or acceptance of
their respective commands into the service of the Confederate States,
or, when appointed by the President, from the date of their appoint-
ment.

The officers of the regimental staff — ^assistant quartermaster and
commissary, surgeon, assistant surgeon, chaplain, and (when not
already a lieutenant of the regiment) the adjutant, and the officers of
the general staff — are always appointed by the President, through
this Department. The recommendation of the commanding officer is
respected in making these appointments.

A battalion is entitled to no adjutant except from among the lieu-
tenants thereof, and only to one assistant quartermaster or commis-
sary, and to one medical officer.

Except staff appointments upon the recommendation of the com-
manding officer upon whose staff the vacancy exists no appointments
are now made from civil life.

II. — ^TERMS OF ACCEPTANCE — ARMS AND EQUIPMENTS.

6. No troops other than twelve-months' volunteers re-enlisting for
two years will be accepted for less than three years or the war, except
for local or special service.

7. All troops will be armed and equipped before being ordered into
the field, or their arms and equipments will be paid for, if required,
upon inspection and valuation by the proper officer.

8. No horses are furnished to cavalry, but 40 cents per day are paid
for the use and risk of horses, and those killed in battle are paid for.

* These regulations, without date, were probably issued about the middle of
February, 1862.

824

9. Batteries with equipments complete, including horses, wiU be fur-
nished to all light artillery companies in the order of their acceptance,
or will be paid for at valuation if furnished by the companies. Com-
panies may be accepted as heavy artillery when required to man sta-
tionary batteries, but no companies re-enlisting from other arms of
the service will be accepted as light artillery unless specially recom-
mended by superior officers.

10. No troops will be accepted for local service unless required by
(the officer commanding the district in question, and then only as pre-
scribed by the act of Congress, receiving pay, subsistence, &c., only
while in actual service.

Except under this act no troops will be accepted with any condition
as to where they will serve.

ni. — ENLISTMENT AND MUSTER INTO SERVICE — PAY, BOUNTY, ETC.

11. Troops thus organized are inspected and mustered into service
by officers designated for that purpose, and are considered as in serv-
ice and entitled to pay and allowances from the date of their muster,
or, when previously accepted and placed under orders by authority
of this Department, from the date of such acceptance, which should
then be indicated on the muster-rolls by the mustering officers.

Where men have been sworn into service and accepted upon inspec-
tion prior to such organization their pay and allowances will begin
from the date thereof, which should also be noted upon the muster-
rolls.

After troops have been mustered the muster-rolls should be for-
warded at once to the Adjutant-General, and the mustering officer is
authorized to call upon quartermasters and commissaries for their
due supplies, transportation, &c., until they are otherwise provided
for. No commission will be issued until the muster-rolls are received.

12. Twelve-months' men re-enlisting under the regulations for two
years or the war may be mustered into service in companies, battalions,
or regiments as soon as the organization thereof is agreed upon, and
their period of enlistment and the rank of their officers elected will
date from such muster, but the reorganization cannot take effect nor
pay begin under such muster until the period prescribed by the regu-
lations.

New volunteers enlisting for three years or the war may be received
into such re-enlisted companies, or may form companies with re-en-
listed men which may be mustered during their furlough, such muster
and reorganization to take effect as above provided.

13. Volunteers or recruits enlisting for three years or the war will
receive a bounty of $50, payable as soon as they are sworn into serv-
ice and accepted upon inspection by a medical officer, together with
transportation and subsistence from the time and place of enlistment
until inspected and mustered.

Persons authorized to receive enlistments may order the men
enlisted to rendezvous at an appointed time and may make requisi-
tion for their subsistence there until fully organized, but volunteers
enlisted by officers commissioned in advance by the President are not
entitled to any allowances until organized into companies.

14. The right to receive recruits for three years or the war, to the
number of 126, rank and file, has been extended, by acts of Congress,
to companies now in service for twelve months, as well as to re-en-
listed companies, and to all companies now in service for the war.

CONFEDERATE AUTHOEITIES. 825

The regulations in regard to i-ecruiting f General Orders, No. 6) and
J;he regulations in regard to re-enlistment (General Orders, No. 1) and
all the blank forms necessary for recruiting and mustering into serv-
ice may be obtained from the Adjutant-General.

IV. — STJPPLIES AND ALLOWANCES.

15. All equipments, transportation, clothing, subsistence, &c., or
commutation therefor, are furnished to troops in service by the proper
officers, in conformity with regulations, and no person not expressly
commissioned for the purpose can be authorized to make any pur-
chases or contracts whatsoever for the Government.

16. Contributions of clothing or other stores for soldiers, hos-
pitals, &c., will be transmitted free of charge if delivered, properly
addressed, to any officer of the Quartermaster's Department. Agents
of States in charge of such articles will be allowed free transportation
from their homes to the place of their destination and back.

Commutation is allowed the soldier for clothing at the rate of $25
for six months.

V. — FURLOUGHS, DISCHARGES, RESIGNATIONS, ETC.

17. Applications for furlough must be addressed to commanding
officers.

No discharge will be granted except in cases of physical disability,
certified by a medical officer, unless a substitute be furnished for the
war, in conformity with the regulations.

No resignation will be considered unless forwarded by commanding
officers, nor accepted unless for satisfactory reasons stated.

18. All communications from persons in the service must be trans-
mitted through the office of the Adjutant-General, and all communi-
cations from subordinates must be duly forwarded through their
commanding officer, or they will not be considered.

Note. — All communications from camps should contain, in addition
to the specification of the regiment, the name of the post-office to
which answer should be addressed.

J. P. BENJAMIN,

Secretary of War.

General Orders, ) Adjt. and Insp. General's Office,

No. 1. j Richmond, January 1, 1862.

I. The following act of Congress, with regulations of the Secretary
of War thereupon, are published for the information of the Army:

No 306 —AN ACT providing for the granting of bounty and forloaghs to privates and Don.cammi8-
Bioned officers in the Provisional Anny.

Section 1. The Congress of the Confederate States of America do enact, That a
bounty of 850 be, and the same is hereby, granted to all privates, musicians, and
non-commissioned ofBcers in the Provisional Army who shall serve continuously
for three years, or for the war, to be paid at the following times, to wit : To all
now in the service for twelve months, to be paid at the time of volunteering or
enlib-ting for the next two ensuing years subsequent to the expiration of their
present term of service. To all now in the service for three years, or for the war,
to be paid at the expiration of their first year's service. To all who may hereafter
volunteer or enlist for three years, or for the war, to be paid at the time of entry
into service. , , , ,. • i_ ^ „

Sec 2 And be it further enacted. That furloughs not exceeding sixty days,
with transportation home and back, shall be granted to all twelve-months men

826 CORRESPONDENCE, ETC.

now in service who shall, prior to the expiration of their present term of service,
volunteer or enlist for the next two ensuing years subsequent to the expiration of
their present term of service, or for three years or the war ; said furloughs to b#
issued at such times and in such numbers as the Secretary of War may deem
most compatible with the public interests, the length of each furlough being
regulated with reference to the distance of each volunteer from his home : Pro-
vided, That in lieu of a furlough the commutation value in money of the
transportation herein above granted shall be paid to each private, musician, or
non-commissioned officer who may elect to receive it, at such time as the furlough
itself would otherwise be granted.

Sec. 3. This act shall apply to all troops who have volunteered or enlisted for a
term of twelve months or more in the service of any State who are now in the
service of the said State, and who may hereafter volunteer or enlist in the service
of the Confederate States under the provisions of the present act.

Sec. 4. And he it further enacted, That all troops revolunteering or re-enlisting
shall, at the expiration of their present term of service, have the power to reor-
ganize themselves into companies and elect their company officers, and said com-
panies shall have the power to organize themselves into battalions or regiments
and elect their field officers ; and after the first election all vacancies shall be
filled by promotion from the company, battalion, or regiment in which such
vacancies may occur : Provided, That whenever a vacancy shall occur, whether
by promotion or otherwise, in the lowest grade of commissioned officers of a
company, said vacancy shall always be filled by election : And provided further.
That in "the case of troops which have been regularly enlisted into the service of
any particular State prior to the formation of the Confederacy, and which have
by such State been turned over to the Confederate Government, the officers shall
not be elected, but appointed and promoted in the same manner and by the same
authority as they have heretofore been appointed and promoted.

Approved December 11, 1861.

II. Captains or commanding officers of twelve-months' men will,
.under direction of regimental and battalion commanders, make out
duplicate muster-rolls of their companies, noting opposite the name
of each man desiring to renew his enlistment for two years from the
expiration of his present term of service the following remark:
"Enlistment extended for two years; bounty due, $50;" inserting
the date of the remark.

As soon as the intention of each man is thus ascertained report
will be made to the commanding ofBcer of the army in which the
troops are serving. The commanding officer will thereupon cause his
inspector-generals, or other officers assigned for that purpose, to
verify the rolls and muster into service for said additional term all
that are fitted for service. One of the rolls thus verified and certified
by the inspecting officers will be sent to the Adjutant and Inspector
General. The other will be given to the company commander, from
which to make out further muster-rolls.

III. Whenever the number of men in a company who re-enlist shall
suffice to form a new company according to the niimber required by
law, the men thus re-enlisted shall have the right immediately to
reorganize themselves into a company and elect their company offi-
cers, i-emaining attached to the regiment or battalion to which they
belong until the expiration of the twelve months of the original
enlistment.

IV. If the number of men re-enlisted in any company be insuffi-
cient to form a new company, their original organization will be pre-
served until within twenty days of the expiration of their term; at
which date all the twelve-months' men who have re-enlisted will pro-
ceed to organize themselves afresh into new companies and elect
their company officers.

V. Whenever all the companies now forming a battalion" or reg-
iment shall have organized themselves into new companies they
shall have the right of reorganizing tlieniselves at once into a new

CONFEDERATE AUTHORITIES. 827

battalion or regiment, as the case may be, electing their field officers,
as allowed by lar/f. But if any one company of any battalion or reg-
iment declines to reorganize itself, the present organization will
remain until within twenty days of the expiration of the present
term ; at which time all re-enlisted companies will proceed immedi-
ately to organize themselves into new regiments and elect their field
ofBcers, as provided hy law.

VI. All re-enlisted companies which may fail, within the last twenty
days of their present term, to reorganize themselves into regiments
or battalions will be considered as independent companies re-enlisted
for the war, and will be organized into battalions or regiments by the
President, and their field officers appointed by him in the same man-
ner as is provided by law for all other independent companies.

VII. The furlough allowed by law, and directed to be regulated
according to the distance of each volunteer from his home, is estab-
lished as follows, viz: To each volunteer there will be allowed a fur-
lough of full thirty days at home, to which will be added bj'^ the
commanding officer of the army a number of days estimated to be
sufficient to allow the volunteer to travel home and back. But in no
case will the furlough exceed sixty days, even for those most distant
from their homes.

Vni. Commanding officers are directed to commence as soon as
possible granting the furloughs allowed as above, in such numbers as
may be deemed compatible with the safety of their commands, giving
preference, as far as practicable, to the men in the order of their
re-enlistment.

IX. The bounty of $50 will be paid to each man when he receives
his furlough, at which time his transportation also will be furnished.

X. Each man entitled to furlough may receive instead thereof the
commutation value of his transportation, in addition to the bounty
of $50 provided by law.*

By order of the Secretary of War:

S. COOPER,
Adjutant- and Inspector General.

State of North Carolina, Executive Department,

Raleigh, January 2, 1862.
Hon. J. P. Benjamin,

Secretary of War:
I have instructed General Mai-tin, adjutant-general of this State,
to call the attention of your Department to the unsettled claims of
the State with the Confederate Government. The State of North
Carolina has made very heavy outlays for the purchase of horses
for two full cavalry regiments, three companies of artillery, which
the policy of the Confederate Government will not allow to be
refunded. If the purchase money cannot now be refunded, I have
instructed General Martin to ask for the per diem of 40 cents, pay-
able bi-monthly, as regulations now require to be paid, to individ-
uals owning horses. And as our State is now threatened with a
serious invasion, and we have no means of arming the troops we are
forced to raise, I have further instructed General Martin to procure
us arms, if they can by any means be obtained. A very considerable

*For resulting correspondence, see foot-note reference, Series I, Vol. V, p. 1017.

828 CORKESPONDENCE, ETC.

number of the arms of the First Regiment North Carolina Volun-
teers, stationed at Yorktown, were distributed, by order of the
colonel commanding, among the Virginia militia, the receipts for
which are now in the hands of the several captains. These are now
so much needed that I will respectfully ask the assistance of the
Department in recovering them or giving us an equal number; and
the same as to the arms taken from our deceased and discharged
soldiers. Before the defenses of the navy-yard at Norfolk were
completed we sent down for the protection of the yard 500 of our
best rifles. The defenses around Norfolk and about the navy-yard
have probably superseded the necessity of storing them in the yard,
as it is reported to me that they are not in the hands of any organ-
ized company. It is therefore requested that they or an equivalent
maybe sent to the State. Should this appertain more properly to the
Navy Department, I will thank you to present this matter favorably
for us before that Department. The immediate and pressing necessity
for arms for our defense compels me to urge these claims on yonr
attention. The demands upon our treasury make it necessary that I
should again call your attention to the very large amount expended
for clothing for our soldiers and the commutation due therefor to
the State, and it is hoped that some arrangement for our relief
may be made without any further delay. General Martin, who will
hand you this letter, fully understands the views of the Executive,
and will make any explanations if I have not made myself suffi-
ciently explicit.

-'- [H. T. CLARK,

Governor.^

Chableston, January 2, 1862.
Hon. J. P. Benjamin,

Secretary of War, Richmond:
Dear Sir: We have thoroughly considered the subject of trans-
porting the Gladiator's cargo to this country, and consulted with our
captains and coast pilots in relation to it. The result is a very strong
conviction that the little harbor of Mosquito, on the Florida coast,
offers the best, if not the only, chance of success. We have, therefore,
decided to order the steamers Carolina and Cecile to run for that port,
and we respectfully suggest that no time be lost in providing trans-
portation from thence. The goods will be landed at Smj'rna, and will
have to be hauled about eighteen miles to Enterprise. There they
may be sent by steam-boat to Jacksonville, and thetice by railroad to
Tallahassee or Brunswick. We suggest that a special agent be sent
down immediately by the Government to make the necessary arrange-
ments in advance. We have reason to believe that there will be no
difficulty in procuring transportation from Smyrna to Enterprise.
Our reasons for deciding to adopt this port are the following, viz: (1)
It is but twenty-four hours' run from Nassau. (2) The vessel keeps
the Gulf stream nearly the whole way and incurs no risk of meeting
vessels going in the opposite direction — vessels going south avoiding
the Gulf stream. (3) The port is entirely free from blockaders. (4)
Since the entrance of the Theodora at Wilmington that port has been
so closely watched by the enemy that our captains have no confidence
in the proposal to enter there. (5) The Ella Warley having run in
here this morning in broad daylight, right in the face of the enemy
and under a shower of shell and shot, we fear it will be dangerous

CONFEDERATE AUTHOBITIES. 829

soon to repeat the attempt at this jwrt. "Wo took the liberty of t«>le-
graphing you this morning in relation to Captain MafBtt. It is imi)or-
tant that, we should command his services without delay. The Caro-
lina cannot get away before next Tuesday. The Ella Warley has a
very large cargo of assorted merchandise — chiefly goods brought from
Liverpool to Nassau by the Eliza Bousall.

AVe remain, dear sir, A'ours, most resi>ectfullv,

JXO. ERASER .fc CO.

P. S. — Since writing the foivgoing it has been suggested by Captain
Maffitt that it is important two light guns should be proAided at Mos-
quito to drive oflf any l>oats that might be sent in aft*r tlie steamei-s
if they were seen to enter. AVe hope you will direct this preparation
to be made. Captain Maffitt concurs fuDy as to the advantages
offered by this little hiirbor.

J. F. ^fc 00.

Charleston, S. C, January ~\ i^"()\\
Hon. J. P. Benjamin,

Stcreiary of War of Confederate States:

Sir : It being every day more and more apparent that the existing
war between the Confederate States and the United States wiU be one
of long continuaniM?, during which onr Government will necessarily
require from abroad a lai^ amotint of clothing (chiefly woolens),
military accouterments, arms, ammunition, ito.. especially lead, gun-
powder, and the ingredients for making it, I would most respectfully
propose to the consideration of your Diepartment the following sug-
gestions, which, if carried into effects, will fuUy m*M?t the emergencies
that may arise from the now more severe blockade of all the Southern
coast, which is causing all individual enterprises rapidly to cease.

Until recently numerous vessels on private account were employed
in rnnning the blockade from our principal ports, but now very few
can be induced to run the risk in consequence of the number which
have been recently taken by the enemy. WTiat I propose is that the
Government should undertake to do what individual ent.erprise will
certainly hereafter be unwilling to do. I would propose to have, in
charge of proper agents, three or four depots near by in the West
Indies constantly supplied from Europe with such articles as may be
needed for the prosecution of the war. These would thus, being easy
of access, afford our vessels an opportunity , f supplying themselves,
and the advantage of ha\ing several would be that in case there shotild
be obstacles to tSe approach to one another might be made available.
I would suggest, among other pla.^es, Matanzas or Cardenas, in the
northwest, and Gibara, in the northeast of Cuba, as suitable locations
for two of these depots. As the inhabitants of that island s.^-mpatluze
with us, all of the supplies needed could begot from Spain at very low
rates, and by thns importing from the mother country a large amount
would be saved in the shape of duties. These supplies, after being
placed in these deixus, which would have to be superintended with
great prudence and caution so as not to attract attention or suspicion,
could be brought into the Confederacy by some of our public vessels
or private steamers which are occasionally chartered, or perhaps most
effectually by small craft of light draft, even were they but fisliing
smacks (good sailers), that could be made to run to and fro for the
importation of the supplies most needed. Fix>m their light draft
they would be enabled to make their way into some small inlets or

830

sounds, and thus gain entrance into our Confederacy when larger
craft could not succeed. The vessels sent out to these depots should
always go and return with some kind of cargo, so as to disguise the
nature of the expeditions. The agents might be authorized to purchase
or charter at the respective depots suitable craft for shipping the
supplies thence to some port, sound, or inlet of the Confederacy, and
it would be advisable to have at each of the depots some reliable
navigators and pilots familiar with our coast. If the Government
should deem it advisable to make an experiment I would feel great
pleasure in furthering their views, as I have facilities and business
connections all over Spain, and particularly in the city of Barcelona,
that would enable me to render essential service. In fact, I am now
contemplating a visit to Spain, my native country, by way of the West
Indies, and might make the necessary business arrangements while
there. The payments could be negotiated by means of credits on
England or France for the monthlj' amount that the Government may
desire. In Spain the custom is to make the drafts on France at from
eight to thirty days sight, and on England from sixty to ninety days
after sight. However, shipments to some extent could be made of
lead, shoes, blankets, flannels, broadcloths, and all kinds of leathers
without using the aforesaid credit, by borrowing, as is customary in
Spain, from the captain or owner of the vessel designated for the
shipment the amount, by a mortgage, to be refunded at the port of
destination in the West Indies, together with the marine interest and
the freight. In these kind of shipments the captain or owner of
vessels run all marine risks on the goods thus shipped, and the
Government will save all banking commissions. I could also under-
take to procure for our Army coffee shipped on the same terms from
Rio Janeiro and other places of South America to the island of Saint
Thomas, a free port in the West Indies. As to the agents to be selected
I would take great pleasure in recommending friends at either of the
locations named. Southerners by birth, upon whom the Government
may fully rely. Should my suggestions be deemed worthy of attention,
I will feel great pleasure in personally explaining more in detail my
views on this subject.

With great respect, I remain, your obedient servant,

R. SALAS.

[January 3, 1862.— For Milton to Benjamin, in relation to the
organization of troops in Florida, &c., see Series I, "Vol. LIII, p. 206.]

[January 3, 1862. — For Sibley to Cooper, in relation to establishing
satisfactory relations with Mexican States, &c., see Series I, Vol. IV,
p. 167.]

[January 5, 1862. — For Benjamin to Bragg, in relation to universal
suffrage in the Army, &c., see Series I, Vol. VI, p. 794.]

Confederate States of America, War Department,

Bichmond, January 5, 1862.
Messrs. John Fraser & Co.,

Charleston, S. C:

Gentlemen : Your favor of the 30th instant [ultimo] was received
in due course, but I could not well answer it, as I was advised that

CONFEDERATE AUTHORITIES. 831

my dispatches per Ella Warley were on the way, and they were
received here only yesterday. Our dispatch box also contained a
number of letters for yourselves, which I delivered to Mr. Memminger
to be forwarded to you. Our interests in the cargo of the Gladiator have
been confided by Consul Helm to Mr. Heyliger, the gentleman who
was sent out on the Theodora and who is now back in Nassau. I
inclose herein a letter and instructions for Mr. Heyliger, by the terms
of which he is Instructed to concert with your agents relative to the
disposal to be made of the cargo so as to get it safely into some Con-
federate port. He is already on good terms with your correspondents
as is evinced by his letters to me. I cannot take from him the con-
trol over the cargo, but under my instructions and the information
given him about my arrangements with you I am entirely confident
he and your agents will cordially co-operate in doing the best for get-
ting the cargo out of Nassau. It is of course out of the question now
to await the chances of a convoy from an English vessel, and we can
only get in any portion of the munitions of war by dividing the cargo
into different ventures. I again repeat, bring us the small-arms and
powder in preference to everything. Our need of them is urgent in
the extreme. The freight must of course be settled for on your terms,
but I will not conceal from you that I think them very hard. For a
trip to England and back, a long and continuous risk, they might not
be extravagant, but for so short a voyage they much exceed what
seems to me reasonable. Let me know what time you expect to send-
the Cecile.

Yours, respectfully,

J. P. BENJAMIN,

Secretary of War.

P. S. — I suppose you will also send the Ella Warley. I take it for
granted that two of these vessels are of sufficient capacity to take the
whole cargo of the Gladiator, and that if three are employed they will
be partially loaded bj' yourselves. I could not consent to pay the
value of three steamers to bring in one cargo, besides risking the loss
of one or more of the cargoes.

J. P. B.

[IncloBnre.]

Confederate States of America, War Department,

Richmond, Va., January 5, 1862.
Lotns Heyliger, Esq.,

Nassau, New Providence :

My Dear Sir: Your several favors by the Theodora and Ella
Warley have been received, and your action in the accomplishment
of your mission fully approved. I regret to say that it will be some
weeks yet before the Theodora, which made port at Wilmington, will
be ready to put to sea. In the interval I have arranged with Messrs.
John Eraser & Co. to aid in getting home the cargo of the Gladiator,
or such portions of it as you may be able to have transshipped on their
steamers. I do not, of course, desire to interfere with your discretion,
you being on the spot, in the measures to be taken to get into safe
harbor the valuable cargo of the Gladiator, but I would like you to
consult with the agents of Messrs. Eraser & Co., and concert with
them for the unloading and dividing of the cargo into different ven-
tures, so that we may not put all at risk at once.

I will write to Govei-nor Moore and inform him of your detention,
and have no doubt that your official position will be preserved for you.

832 CORRESPONDENCE, ETC.

Your disposal of the cotton at Nassau, even at 22 cents, would
be satisfactory, and I am much pleased that you declined shipping
it on advances to New York, as such a disposal of it would be the
subject of much censure.

The Northern Government has, as you will have been informed,
submitted to the peremptory demand of Great Britain for the sur-
render of Mason and Slidell, and thus there is no prospect of imme-
diate hostilities between those two powers, although everything
portends the rupture of their friendly relations at no distant day;
still, we cannot wait for such eventualities, and must now abandon
any hope of having the Gladiator convoyed, and rely on ourselves
alone for getting in her cargo.

The Fingal is still very closely blockaded in Savannah, and, indeed,
the whole attention of the enemy seems to be diverted to that port,
and they appear to rely principally on their stone fleet for the block-
ade of Charleston. At Brunswick, in Georgia, there have been no
enemy's vessels in two months past. The fort is a fine one, and there
is a railroad leading directly to Savannah. At Wilmington there is
hardly a show of a blockade. At Georgetown, S. C. , hardly any risk.
If a vessel could manage to approach any one of these ports so as to
make the last sixty or seventy miles of her run during the night,
there is scarcely a chance of her capture.

We have no news in the army way. The entire force of our enemy,
vast as they are, remain paralyzed before us at every point on our
extended frontier, and apart from a few marauding excursions by
predatorj' parties who rarely ventui-e beyond the cover of the heavy
guns of their shipping or intrenchments, we scarcely know that we
are at war. With greatly inferior numbers we hold them in check
everywhere on the mainland, and no example in history more strik-
ingly illustrates the impossibility of conquering a country whose
inhabitants are resolute in defense, no matter what may be the dis-
parity of numbers and available means.

I hope this letter will reach Charleston in time for the Carolina,
which is soon to be followed by another steamer owned by Messrs.
Fraser & Co.

Yours, very truly,

J. P. BENJAMIN,

Secretary of War.

[Janttary 5, 1862. — For Benjamin to J. E. Johnston, in relation to
newspaper publications, &c., see Series I, Vol. V, p^ 1020.]

[January 5, 1862. — For Benjamin to Milton, in relation to organ-
ization of troops in Florida, &c., see Series I, Vol. LIII, p. 210.]

Houston, January 6, 1862.

Col. J. GORGAS,

Chief of Ordnance Department, C. S. Army :
Sir: I found on my arrival here that Messrs. R. and D. 6. Mills
had, in accordance with arrangements made with them as I passed
through here on my way to Richmond, already on the way to Mexico

CONFEDERATE AUTHORITIES. 833

over 2,000 bales of cotton, the proceeds of which I shall use in pay-
ment for arms, «fcc., at Matamoras. I have advices of the loading of
the two vessels dispatched from Matamoras by myself and Mr. Still-
man, with powder and other articles in the British provinces, and am
looking daily for their arrival. I have made further arrangements
with Messrs. Mills by which we shall be able to get as much cotton
into Mexico as I shall require to meet payments for arms, &c., that
may arrive at Matamoras. I leave to-morrow for Austin for the bonds,
and from there to Matamoras, and will keep you advised of my oper-
ations.

Yours, truly,

G. H. GIDDINGS.

General Orders, ) War Department,

>• Adjt. and Insp. General's Office,
No. 2. ) Richmond, January 6, 1862.

I. The following act of Congress and regulations in reference thereto
are published for the information of the Army :

AN ACT for the recruiting aervice of the Provisional Army of tbe Confederate States.

Section 1. The Congress of the Confederate States fo/ America] do enact. That
the Secretary of War be, and he is hereby, authorized to adopt measures for
recruiting and enlisting men for companies for service in the war,* or three
years, which by the casualties of the service have been reduced by death and
discharges.

Sec. 3. And he it further enacted, That the Secretary of War be, and he is
hereby, authorized to detail the company commissioned oflBcers for the above
duty in such numbers and at such times as in his opinion will best comport with
the public service, the officers thus appointed to enlist and recruit for their
respective companies.

Approved December 19, 186L

II. Commanding of&cers of all war regiments, battalions, squad-
rons, and independent companies will detail for recruiting service,
subject to approval of the commanding officer of the armj^ with which
they are serving, a subaltern and one non-commissioned officer or
private from each war company below the minimum organization,
with instructions to proceed to the neighborhood where his company
was raised and there enlist recruits to raise the company to the
maximum organization.

III. Officers detailed for recruiting service will make requisitions
on the Adjutant and Inspector General for recruiting funds, report-
ing the station to which they have been ordered, the company and
regiment for which they have been directed to recruit, and the post
town, coiinty, and State to which letters for them should be addressed.
A similar report should also be made to the Commissary and Quar-
termaster's Departments, in order that the required instructions may
issue to the proper officers of these departments to fill the requisitions
necessary for such recruiting purposes.

IV. As soon as possible after the enlistment of a recruit he shall be
inspected by a commissioned surgeon or assistant surgeon of the Con-
federate States, and if unfit for service shall be rejected. In all
cases this inspection shall take place before the recruit leaves the
State in which he is enlisted.

* In the Statutes at Large this reads : " in service for the war.''
53 R R— SERIES IV, VOL I

834 CORRESPONDENCE, ETC.

V. A commutation for rations, at the rate of twenty-flve cents per
ration, shall be allowed to each recruit from the date of his enlistment
until he is supplied regularly with subsistence by an offtcer of the
Commissary Department.

VI. No clothing nor commutation for clothing will be allowed a
recruit until after inspection. As soon as possible after inspection
and muster the recruit will be supplied with clothing, or commutation
therefor, liy the nearest quartermaster, in accordance with regulations.

VII. The time allowed for recruiting will in no case extend beyond
thirty days, at the expiration whereof the recruiting party, with the
enlisted men, will proceed to join their company.

VIII. Officers in charge of recruiting parties will keep a strict
account of the disbursements made by them of moneys placed in their
hands for the recruiting service, taking duplicate receipts for every
item of expenditure. One set of these receipts Avill be retained by
the offlcer for his security. The other set, with an account current,
will at the expiration of the recruiting term be transmitted to the
Adjutant and Inspector General for final settlement at the Treasury.
These vouchers and accounts current, addressed to the Adjutant and
Inspector General, will be marked on the upper right-hand corner of
the envelope which covers them " Recruiting service." *

By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Confederate States of America, War Department,

Richmond, January 6, 1862.
His Excellency Henry T. Clark,

Baleigh :
Sir: I am informed by the Chief of Ordnance that the Ordnance
Bureau is in need of leather to conduct its operations, and that it can
be procured much cheaper in North Carolina than here. I therefore
request that you will authorize the exportation of such leather as may
be purchased by the agents of the Ordnance Bureau for the service of
the Government.

Respectfully, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

General Orders, ) War Department,

y Adjt. and Insp. General's Office,
No. 3. ) Richmond, January 9, 1862.

I. The following order of Major-General Bragg is adopted by the
War Department, and is republished for the information and govern-
ment of the Army:

1. To insure proper economy in the administration of our military affairs is as
necessary to the success of our cause as the defeat of our enemy. All commanders
and disbursing officers in this department will be required to give their closest
attention to expenditures, seeing they are necessary and in conformity to law. A
rigid scrutiny will be made by the commanding general and the chiefs of his staff,
and abuses will be promptly exposed and checked.

*For resulting correspondence, see foot-note reference, Series I, Vol. V, p. 1023.

CONFEDERATE AUTHORITIES. 835

In location of troops commanders and quartermasters •will consult economy and
efficiency. The vicinity of cities and towns will be avoided as far as possible, in
order to secure health and escape the demoralizing effects of dissipation. Rents
will not be paid unless absolutely necessary. Fuel will be supplied as far as prac-
ticable by the labor of the troops, encampments being selected with this view.
And works of defense and huts for the winter will be built by the labor of sol-
diers— officers being required in all instances to remain with and share the duties
of their men.

2. Commanders of all grades are earnestly called upon to suppress drunkenness
by every means in their power. It is the cause of nearly every evil from which
we suffer; the largest portion of our sickness and mortality results from it; our
guard-houses are filled by it; officers are constantly called from their duties to form
courts-martial in consequence of it; inefficiency in our troops and consequent
danger to our cause is the inevitable result. No one is benefited but the miserable
wretch who is too cowardly to defend a country he is willing to sell by destroying
those noble faculties he has never possessed. Gallant soldiers should scorn to
yield to such temptations, and intelligent and honorable officers should set them
an example. They should be encouraged to send to their families and friends the
pay they receive for their services, instead of wasting it in their own destruction
and at the risk of the holy cause in which they are engaged. Small as the amount
is, it will cause many a dear one to rise up and call them blessed.

" Give strong drink unto him that is ready to perish, and wine to those that be
of heavy heart" — but for us, the glorious cause in which we are engaged should
furnish all the excitement and enthusiasm necessary for our success.

The enemy, in large and increasing numbers, is upon our coasts. Let us cease
all amusements and frivolities and prepare diligently to meet him in defense of
our homes, our firesides, and our altars.

II. The introduction of spirituous liquors into any camp, barrack,
or station of the Army, except for medicinal purposes, duly recom-
mended by the senior medical officer and approved by the general or
other officer in command, is hereby expressly prohibited, and all spir-
ituous liquors found in any of said camps, barracks, or stations, not
authorized as above, will be confiscated or destroyed under direction
of the general or other officer in command.

By command of the Secretary of War :

S. COOPER,
Adjutant and Inspector General.

Charleston, January 7, 1862.
Hon. J. P. Benjamin,

Secretary of War:
Dear Sir: We are this moment in receipt of your letter of 5th
instant, and if we did not suppose you had in some particular mis-
apprehended the terms upon which we proposed to make the effort to
bring over the Gladiator's cargo avo would feel very much discouraged
and disappointed at the opinion you express upon them. Permit us,
if you please, succinctly to state the propositions involved:

1. The steamers are sent out at our risk and expense, and if lost on
the outer voyage the Government contributes nothing to the loss.

2. If on their arrival at Nassau any other disposition has been made
of tlie Gladiator's cargo the Government is again to pay us nothing.

3. If, taking in cargo from tlie Gladiator, or not taking cargo from
her, our steamers should be captured or lost on the return voyage, the
Government is again to pay us nothing, except in the case of stranding
the vessel and saving and delivering the cargo.

4. Only in the case of returning safely with the cargo is the Gov-
ernment to pay anything; then the payment to be the value of the
steamer for a full cargo and in proportion for a part.

836

We do not believe on a careful revision of these terms you will con-
tinue in the opinion that they exceed what is reasonable. We take
the liberty of adding what we were unwilling to do before, that we
had other business laid out for those vessels much more remunerative
to the owners, which we persuaded them to abandon from a sincere
desire to promote the measures of the Government. Under these cir-
cumstances it will be a great relief to us if you will telegraph us that
the terms we have stated are satisfactory. In the case of the steamer
Gordon or Theodora the Government paid $10,000 for the charter
and agreed to pay for the vessel, if lost, $60,000. The Gecile and
Carolina will either of them carry four times as many goods as the
Gordon. At the same rate you would pay $40,000 charter money for
those vessels (each) and $65,000 if lost. Is it not better to pay $65,000
if they arrive safely with the goods and nothing if they be lost ?
We remain, yours, most respectfully,

JNO. FRASER & CO.

[January 8, 1862. — ^For Davis to C. F. Jackson, in relation to trans-
fer of Missouri troops to the Confederate Government, &c., see Series
I, Vol. VIII, p. 733.]

AN ACT making appropriations for certain floating defenses.

Be it enacted by the Congress of the Confederate States of America,
That the sum of one million of dollars be, and the same is hereby,
appropriated for floating defenses for the Western rivers, to be
expended, at the discretion of the President, by the Secretary of War
or Secretary of the Navy, as he shall direct.

Approved Januai-y 9, 1862.

New Orleans, January 9, 1862.
Hon. J. P. Benjamin,

Secretary of War, Richmond:
Sir : Your letter of the 24th, [ultimo] directed to me at Baton Rouge,
was only received two or three days ago, as I was on Red River during
the holidays. I shall at once comply with your wishes and the views
of tlie Government in withdrawing all impediments to the shipment
of cotton from this State. I never supposed that I had any legal
authority to obstruct the shipment of cotton. The power that I exer-
cised was in deference to and thoroughly supported by the well-
matured opinion of the people of this city and State. Like other
assumptions of power by me, it was sustained by public opinion, with-
out which it would not have been undertaken and would certainly
have been disregarded. The rule which I adopted, and from which
there Avere I think but two deviations, was to give permits to send cot-
ton abroad only to those persons who had previously brought in car-
goes. It is my settled conviction that as soon as the restrictions are
removed cotton will be freely shipped from New Orleans. It will be
impossible to distinguish between persons in good faith and those in
bad faith; all will promise to bring in return cargoes, and to the
extent of the means of transportation within reach cotton will be sent
abroad. It is very easy to get out of some, and indeed all our

CONFEDERATE AUTHORITIES. 837

numerous inlets from the sea. It is very difficult to get in, and the
cotton shipped will find its way directly or indirectly to Northern
ports, as it is next to impossible even for good citizens to resist the
temptation of selling to the highest bidder. Besides, this is a city of
cotton speculators of all nationalities, who care but little for any con-
sideration not immediately affecting results in profits. I believe there
will be collusion between the enemy and shippers in many cases, and
that the only parties to be benefited will be the Northern purchaser
and the exporter. The planter will derive no advantage, as he can
sell cotton now at 8^ cents on the plantation. Our Government will
derive the advantage of the export duty, but nothing more.

I have stated in brief the reasons that influenced the course adopted
by me, not with any purpose to dispute the correctness of the opinions
you entertain on the subject, but only with the view of informing you
of the conclusions to which I arrived and upon which my action was
predicated. If you deem it advisable not to permit cotton to be
shipped withoxit a special permit I hope you will issue the necessary
orders to the officers in command here. It will be impossible for me
to interfere so as to distinguish between those to be trusted and those
not to be trusted. I should be obliged to regard all alike. The pend-
ing applications are very numerous, as but two were granted during
my absence, one of which was to a Spanish house that had brought in
two cargoes, and the other to the steamship Tennessee, in which the
Government is interested, as stated by General Lovell. A quantity
of sugar and molasses has been sent to me as donations — some for the
general use of the Army and a portion for particular companies. Will
the Government pay the freight if I forward the sugar and molasses ?
Please answer.

Very respectfully, your obedient servant,

THO. O. MOOEE.

P. S. — I should have stated that permits to bring cotton to New
Orleans will be obtained under color of a purpose to ship, but when
once here may, I am apprehensive, never find its way from the city.

Richmond, January 10, 1862.
Hon. T. S. BococK,

Present:
Sir: I am directed by the Adjutant and Inspector General to say,
in reply to your communication of this date relative to troops fur-
nished by Georgia and Virginia, that Virginia has fifty-eight regi-
ments infantry, eight regiments of cavalry, and unattached companies
equivalent to eight regiments; total, seventy-four regiments volun-
teers for twelve months' service. Georgia has thirty-seven regiments,
and independent companies and battalions equivalent to four regi-
ments; forty-one regiments. Twenty-six of these are for the war;
the remainder for twelve months. Georgia has more regiments for
the war than any other State. Virginia has no troops for the war
save a battalion of about 500 men and a few artillery companies.
I am, sir, very respectfully, &c.,

R. H. CHILTON,
Assistant Adjutant- General.

838

AN ACT appropriating $14,850,000 for the military service.

The Congress of the Confederate States of America do enact, That
the sum of $14,400,000 be, and is hereby, appropriated for the pay of
bounty and transportation, or commutation thereof, for 150,000 men
under the act providing for re-enlistment of twelve-months' men.

Sec. 2. That the sum of $450,000 be, and is hereby, appropriated
for expenses under the act for recruiting recently passed.

Sec. 3. That the sum of $800 be, and is hereby, appropriated for
the salary of the Assistant Secretary of "War, to the first day of April,
eighteen hundred and sixty-two, as per estimates of the Secretary of
War of the twenty-seventh of December, eighteen hundred and
sixty-one.

Approved January 11, 1862.

Austin, Tex., January 11, 1862.
Hon. J. P. Benjamin,

Secretary of War Confederate States of America:
Sir: This will introduce to you my brother, who visits Richmond
as bearer of dispatches from Governor Lubbock to yourself. Gov-
ernor Lubbock does not feel authorized under the act of the Legisla-
ture of this State (a copy of which he will forward you) and your
letter of December 2 to him in relation to certain U. S. bonds held by
this State, to use them as indicated in your letter without further con-
sulting you on the subject. The Governor is desirous of doing all
that he can consistent with his duties as Governor, and will willingly
exchange the U. S. bonds for Confederate bonds, to be applied as you
may wish in the purchase of arms, &c., but prefers such purchases
should be made by and at the risk of the Confederacy. Such bonds
as may not be used he will receive back the same as if never been
handed me. I trust you will so arrange it that the U. S. bonds can
be used, and any instructions as to the risks to be taken will be faith-
fully carried out. This I will say, that I will take no greater risks
than I do, or am now taking, with my own funds. Should you prefer
to charge to my account the bonds to be accounted for at such prices
as I may be able to realize for them you are at liberty to do so, and
I will render strict account of sales and use them to a good advantage,
as by having these bonds with me at Matamoras I would be able to
not only meet all payments under existing contracts, but could secure
all arms and munitions of war imported by merchants. I do not con-
sider the risk great, particularly if the bonds are not sent abroad. I
have made satisfactory arrangements with Messrs. R. and D. G. Mills
in relation to cotton, but the land transportation is slow, and it will
take some time to get much cotton to Matamoras.

I am, sir, respectfully, your obedient servant,

G. H. GLDDINGS.

P. S. — Governor Lubbock kindly gave me a permit to transport
cotton to Mexico for the purposes indicated in your order to me.

G. n. G.

[January 12, 1862. — For Benjamin to Milton, in relation to the
organization of troops in Florida, &c., see Series I, Vol. LIII, p. 213.]

CONFEDEEATE AUTHORITIES. 839

Nashville, January 12, 1862.
Hon. J. P. Benjamin,

Secretary of War :

SiK: I hope you will excuse me for pressing upon your consideration
a matter of high importance to the future operations of the Govern-
ment in the present struggle. I refer to the rolling-stock upon the
railroads. Under the enormous pressure of freight the locomotives
and cars are rapidly -wearing out, and the period is not distant when
transportation upon the roads will be exceedingly diflBcult, and on
many routes impossible. I do not pretend to know the capacity of
companies at a distance from this point in this respect, but I suppose
it to be limited ; and I am not aware of any means on foot to supply
anj- accruing deficiency. As these roads are either under the direct
control of the Government, or for the time being in its special use,
would it not be wise for the Government to induce, by negotiation
with several of the strongest companies, the speedy creation of estab-
lishments adapted to the manufacture of both locomotives and cars?
This might be done by the advancement of money upon mortgage or
other securitj', to be refunded in freight or paid at some stipulated
time. The companies have a permanent and ordinary interest in the
question, which it seems to me might be easily enlisted, while the
Government has a present, pressing, and vital interest which wiU
admit of no delaj- or evasion.

If some such arrangement cannot be made, then will not the Gov-
ernment be forced to organize some one or more establishments of its
own to meet the emergency? To keep up the roads is now a means of
defense second in importance only to supplying munitions of war.
The policy of a Government establishment I know is objectionable for
many reasons, not the least of which would be its cost. It may be
that independent private enterprise might be prompted to undertake
the work upon a liberal advance. The subject has for some time
forced itself upon my observation and I had hoped to see private
capital volunteer in the cause. This, however, has not been done
within my knowledge, and I fear, from the continual depression in
monetary affairs, will not. Unless something is done, and that speedily,
there is much cause to apprehend a failure on many of these thor-
oughfares in the means of transportation. I know that the roads
which converge at this point are deficient in this respect and incapable
of furnishing prompt transportation for troops and munitions, to say
nothing of ordinary supplies.

You may, perhaps, have been troubled with this same question from
other quarters. If so, you will excuse, I hope, this intrusion.
Very respectfully,

NEILL S. BROWN.

Richmond, Jamia/ry IS, 1862.

Col. A. C. Myers,

Quartermaster- General, Richmond, Va.:
Sir: The following rule has been adopted by tlie Secretary of War,
which he directs shall be applied to all applications for the detail or
discharge of soldiers in the cases referred to:

When soldiers are required as workmen in the public workshops, under the
superintendence of Government officers, they may be detailed or discharged for

840 CORRESPONDENCE, ETC.

that purpose ; but when they are wanted by contractors to enable them to com-
plete their contract with the Government, though for the benefit of the Army,
soldiers cannot be discharged or detailed for such purposes except by furnishing
a substitute.

The terms upon which substitutes are accepted by the Government
are set forth in the circular of the War Department, copy herewith.*
Very respectfully, &c.,

R. II. CHILTON,
Assistant Adjutant- General.

Executive Department,
Austin, Janua/ry IS, 1862.
Hon. J. P. Benjamin,

Secretary of War, Richmond :

Dear Sir: Your highly esteemed favor of December 2, 1861, was
received on the 9th instant, through Mr. George II. Giddings. Imme-
diately on its receipt the Executive, having no control over the securi-
ties alluded to in your communication, submitted the matter to the
Legislature, then in session, recommending that the proper action be
taken in the premises. The Legislature very promptly passed an act
to meet the emergency, which was approved on January 11, 1862, a
copy of which I have the honor to transmit to you. The act is not as
clear as it might have been ma<le, I presume from the fact that it
was deemed best not to make known the particular character of the
securities sought to be disposed of. You will perceive that by the act
a military board is created, composed of the Governor, comptroller,
and treasurer, any two of whom may act, &c. You will also see that
the act contemplates that for any of the bonds disposed of (meaning
the U. S. bonds) a like amount of Confederate bonds shall be placed
in the State treasury to the credit of the fund to which these bonds
properly belong, viz, the school fund. Upon an examination this
morning of your letter to the Executive before referred to, the Board
was doubtful as to the authority of Mr. Giddings to receipt to us for
the bonds as the agent of the Government, but from our knowledge
of Mr. Giddings, and the many evidences he has with him of the con-
fidence reposed in him by the War Department, together with the fact
that he is now expecting valuable arrivals at Matamoras, at his solici-
tation we have placed in his hands as per receipt, a copy of which
please find inclosed, $100,000 of the U. S. bonds, which we trust will
meet your approbation. The Board would prefer, as Mr. Giddings is
the agent of the Government, to place in his hands the U. S. bonds
that can be negotiated, giving the Confederate States Government the
entire control of them. In return we expect to receive the Confeder-
ate 8 per cent, bonds, with of course the understanding that should
you fail to use any portion of the bonds then and in that case the
bonds so undisposed of will be received back by the State of Texas.
These bonds belong to our school fund, and are held very sacred by
our laws as well as by the people. Nothing but a military necessity
would induce them to divert them from that fund.

Deeming this matter of great importance, we have dispatched Mr.
J. D. Giddings, one of our most reliable citizens, to Richmond, that
he might interview with you on this subject. We trust that you will
accept our proposal, and that you will return by Mr. J. D, Giddings

•See October 'M, 1861, p. 694.

CONFEDERATE AUTHORITIES. 841

such acceptance, or that you will send to Mr. George H. Giddings full
authority to execute to us the necessary receipts. We sincerely hope
that in the exchange of these funds much benefit may be derived by
the Confederate States, and that by their use arms, ammunition, &c.,
may be purchased that will materially aid in driving from our soil the
base and foul invaders.

We have the honor to be, yours, very respectfully,

F. R. LUBBOCK,
CLEM. R. JOHNS,
C. H. RANDOLPH,

Military Board.

[IncloBure "No. 1.]
AN ACT to provide f tinds for military purposes.

Section 1. Be it enacted by the Legislature of the State of Texas,
That the Governor, comptroller, and treasurer shall constitute a mili-
tary board, and a majority of said board shall have the power to
provide for the defense of the State by means of any bonds and
coupons which may be in the treasury on any account, and may so
iise such funds or their proceeds, and therefore may sell, hypothecate,
or barter such bonds and coupons, provided such disposal shall not
exceed the amount of $1,000,000 of such bonds and coupons, and
that they shall not be disposed of at any discount greater than 20
per cent, of their face amounts.

Sec. 2. Any bonds which may be disposed of under the provisions
of this act shall be substituted by equal amounts of any bonds of the
Confederate States of America that may be obtained by this State,
and the bonds so substituted, respectively, in all respects shall be in
place of the funds disposed of as aforesaid.
Sec. 3. That this act be in force from and after its passage.

N. H. DARNELL,
Speaker of the House of Representatives.
JNO. M. CROCKETT,
President of the Senate.
Approved January 11, 1862.

F. R. LUBBOCK.

Executive Depabtment,
Austin, January 13, 1862.

I certifv that the foregoing is a true copy of the original act.

F. R. LUBBOCK.

[ Inclosnre No. 2.]

Received, Austin, January 13, 1862, of P. R. Lubbock, Governor;
C. R. Johns, comptroller; and C. H. Randolph, treasurer, constituting
the military board established by the Legislature of the State of
Texas, 100 U. S. bonds bearing 5 per cent, interest of $1,000 each,
with coupons attached, which bonds I hereby receive and take charge
of as the agent of the Ordnance Bureau of the Confederate States
Government for the purchase of arms and munitions of war generally,
with the positive understanding that the War Department will recog-
nize my authority and pay over to the military board aforesaid bonds
of the Confederate States for a like amount bearing 8 per cent,
interest.

Witness my hand: _,

G. H. GIDDINGS,
Agent Ordnance Bureau.

842 CORRESPONDENCE, ETC.

The bonds delivered are numbered from 4,220 to 4,310, inclusive.

G. H. G.

I certifj' that the foregoing is a true copy of the original in the
executive department.

F. R. LUBBOCK.

Austin, Tex., Jamuary 13, 1862.

Hon. J. P. Benjamin,

Secretary of War Confederate States of America:
Sir : This will introduce to you my brother, who is bearer of dis-
patches from Governor Lubbock to yourself, which will fully explain
the object of his mission. Notwithstanding the Governor, comp-
troller, and treasurer, constituting the military board, acting under
authority of an act of our Legislature, a copy of which is forwarded
you, did not feel fully authorized to hand me the U. S. bonds in view
of the fact that your letter seemed to contemplate that the State was
to make the purchase of arms, &e., have handed me $100,000 in said
5 per cent. TJ. S. bonds, and I have receipted to said board for the
same as agent of the Ordnance Bureau, which I trust wiU meet your
approval. I shaU act cautiously and discreetly, and run no risks, nor
go or send these bonds to Havana until I hear from you on the sub-
ject. The State has some $700,000 or §800,000 of these bonds, and by
the time my brother returns I will be able to report how many of
them I can use in Matamoras without any risk. My brother will
fully explain all my transactions in regard to getting arms, &c.
I am, sir, yours, respectfully,

G. H. GIDDINGS.

AN ACT snppleineiitary to an act maMng appropriations for certain floating
defenses, approved January ninth, eighteen hundred and sixty-two.

The Congress of the Confederate States of America do enact, That
the President be, and he is hereby, authorized to raise a corps for the
temporary and special service on the Western waters, to cause to be
enlisted a number of men not exceeding 6,000, and of such commis-
sioned and non-commissioned oflScers, and of such rank, either naval
or military, as the President may deem necessary, who shall severally
receive such pay and allowances as he may determine.

Approved January 14, 1862.

[January 14, 1862. — For Bragg to Benjamin, relative to encourage-
ment of re-enlistments, &c., see Series I, Vol. VI, p. 806.]

Office Greenvili.e and Columbia Railboad Company,

Abbeville, S. C, January IJf, 1862.
Hon. J. P. Benjamin,

Secretary of War:
Sm: At a meeting of railroad men at Montgomery in April last it
was resolved that our railroad companies would transport munitions

CONFEDERATE AUTHORITIES. 843

of war, provisions, &c., for the Confederate States at half our usual
charges, and Confederate soldiers at 2 cents per mile. Since that
time we have been rendering services at those rat«s. The business on
our road has greatly decreased in consequence of the disturbed con-
dition of public affairs, so that we are not making interest on our
debt, and expenses. Our stockholders have realized no dividends.
Their stock is taxed by the Government as though it were profitable.
This tax on the stock my company must pay and relieve the stock-
holders. The Post-Of&ce Department pays us nothing. The Postmaster-
General has adopted the self-sustaining principle and we have not
been refunded the amount advanced and paid by us for messengers.
Under these circumstances we are compelled to advance our charges
or cease altogether to run our trains. I have ordered that tlie Con-
federate States be hereafter charged 3 cents per mile for soldiers and
that our regular charges on all freight for the Government be restored.
I do this not for the purpose of making dividends for my stock-
holders— they are willing to serve the Government for nothing — ^but
simply as a vital measure to enable us to run our trains.
Very resi)ectfully, your obedient servant,

THOS. C. PERRIN,

President.

AN ACT to reward the loyalty of the principal chief of the Seminole Nation.

The Congress of the Confederate States of America do enact, That
the President of the Confederate States be authorized to present to
Hin-i-ha Micco, or John Jumper, a commission, conferring upon him
the honorary title of lieutenant-colonel of the Army of the Confeder-
ate States, but without creating or imposing the duties of actual serv-
ice or command, or pay, as a complimentary mark of honor and a
token of good will and confidence in his fi'iendship, good faith, and
loyalty to this Government, and to procure and present him with a
complete uniform of that rank and grade, a saber, and a Majmard
rifle, with a liberal supply of ammunition for the same. And the sum
of $250 is hereby appropriated for the purchase of the said uniform
and arms.

Approved January 16, 1862.

[Januaky 16, 1862. — For Benjamin to Polk, in reference, to raising
troops in Tennessee, <fec., see Series I, Vol. VII, p. 833.]

Richmond, January 16, 1862.
Hon. J. P. Benjamin,

Secretary of War:
Sir: One of the objects of the interview requested was to lay before
j-ou the plan for an organized system and effort for obtaining supplies
by importation. These supplies are those needed by Government; by
merchants of general merchandise, the want of which is manifested
by double and treble and in some cases quadruple and quintuple
prices; by railroads, for want of which every road in the Southern
Confederacy is crippled, and by the arts and manufactures which are

844 CORRESPONDENCE, ETC.

perhaps more imperiously demanded than any other. Many new
manufacturing establishments, otherwise ready to go into operation,
are kept back for want of one or two indispensable articles, and many
old establishments will soon be compelled to suspend without them.
One article is named which ordinarily costs 2 cents per pound, and
now brings $1; and a list of 500 articles can be sho-wn which are sell-
ing from ten to forty fold advance on former cost. Probably each
$1,000 worth of these key articles would make at least $50,000 worth
of Southern manufactures immediately available to the pressing wants
of the people. It would seem, then, that any plan which would insure
these much needed importations would be of the greatest public and
private benefit. The Government can of course get its own imme-
diate wants filled, but not so the others without other combinations.
The Government cannot of course be indifferent to the condition of
the manufactures from which it draws many of its own supplies, nor
that of the railroads upon which it is dependent not only for supplies
but for strategic combinations. I submit, too, whether the Govern-
ment could not, through the suggested combination, get its own
importations more surely, promptly, and cheaply than through any
other method. The combination here is simply that the Government
combine for a part of its own supplies with the importers of mer-
chandise, manufactures, and the railway companies, making their
orders from the English combination named below. It will be seen
that that organization is designed to cover large operations. The
profit on the wants of a single interest would not be sufficient to
induce it, while the aggregate profits of the whole would. The Euro-
pean combination is simply an association of European capital and
enterprise for the purpose of sending goods to the Confederate States
during the war. Without such a combination I am certain that no
such exportations will be made to any extent. Trade is nowhere so
perfectly systemized — I may say channelized — as in England, where
the base of expected operations will be located. It is governed by
rules which have almost the force of legal enactments. One of
these rules is to make no ventures outside the scope of legitimate
traffic, and it is considered destructive to commercial character to
do so. Firms, then, as business operations, will not send goods
to this cou2itry in any quantities, and only when stimulated by
extraordinary profits. In proof of this I may cite the fact that
the extremely high prices that have ruled since last spring have
not induced these exports, notwithstanding the great efforts made
by myself and others to start them. Why? First, the rules of trade
above named, the great risk if a firm owned the «ntire cargo, and the
publicity given by any attempt for a small combination; the want of
knowledge as to what was wanted here and the prices they would
command; and finally, because they were not sufficiently interested
to inaugurate and perfect a system that would include the elements
of secrecy, security, and knowledge of what was wanted and the
prices they would command. Again, they wanted reliable informa-
tion of the risks of capture, of the ports on this side, of pilotage, &c.,
which even the few disposed to venture could not get except in rare
cases. A combination of interests here could supply these all-
important desiderati upon which the European combination will be
built up, which will insure exportations to this country. For while,
for the reasons before named, the merchants — as business operations —
will not make large ventures, they as a mass are friendly to the South,
are looking eagerly to the future $600,000,000 of annual reciprocal
trade between Europe and the Confederate States, and are exceedingly

CONFEDERATE AUTHORITIES. 845

desirous of placing themselves favorably with our people, and will
each contribute to an export fund, the inducement being the placing
the proof of friendly interest so important to their future trade,
while properly conducted there is not only a moral certainty of no
loss, but of large profit. The plan is for, say, 100 firms to contribute
an average of £2,000 each, or in all $1,000,000, placing the whole
matter under the control of a single manager. This is for the pur-
pose of securing the necessary elements of secrecy. Then to get up
other similar organizations, say to the number of five, making a
total export capital of $5,000,000. Then for the five managers to
contribute equally to the cargoes; thus, if their average cost was
$250,000, each man's venture would be distributed in twenty bottoms,
which brings in the element of mutual insurance. Under a proper
system there would be a Adrtual certainty that three-fourths or four-
fifths would get in safely, as can be proved by the operations of
Fraser & Co. and others. At an average profit of only 100 per cent,
(many articles paying from 500 to 1,000 per cent. ), but one-half would
have to get in to save loss. If two-thirds, three-fourths, or four-
fifths, there would be respective profits of $1,750,000, $2,500,000, and
$3,000,000 on each $5,000,000 exported, with a still larger profit on the
return cargoes at far less risk. While, therefore, there would bo an
almost absolute certainty of no loss there would be a moral assurance
of a large profit. Here, then, are combined all the inducements that
can be supposed to influence English merchants, the placing with our
people, so anxiously desired, the proof of a disposition to aid us, so
important to their future standing, combined with perfect safety
against loss and the moral certainty of profit. I am certain this
European combination can be made. It would, of course, have to be
properlj' managed, and would require active, intelligent, and perse-
vering effort in its organization, as do most important enterprises.
So certain am I of success that I am ready to give it my personal
attention on tei-ms that will involve neither risk nor expense of any
moment to the Government. The plan of shipments might be in part
the one I had the honor of submitting to you from Nassau, or other
plans, one of which I propose shall be made known to no human
being on this side of the Atlantic except yourself, and to no others
on the other side except the managers of the European combination.
I forgot to mention that the European combination would expect the
• privilege of taking return cargoes of cotton, naval stores, &e., and a
remission of Government duties during the war. I would state that
this communication is in part made at the instance of distinguished
merchants and railroad officials, for which reason I respectfully
request a reply at your early convenience.

I have the honor to be, with high regard, your obedient servant,

D. T. BISBIE.

Confederate States of America, War Department,

Richmond, Va., January 17, 1862.
E. J. FORSTALL, Esq.,

New Orleans, La.:
Sir : The Government of the Confederacy is desirous of placing
$1,000,000 in England for the necessities of the public service. As
the obstructions now existing to commercial transactions are such as
to i-eiider it very embarrassing to make remittances, I am authorized
by the President to make proposals to any correspondent of foreign
houses in New Orleans to the following effect, viz : That an advance

846

of $1,000,000 be placed at the disposal of the Government in England,
for which the Government would pay a reasonable interest, and would
place in the hands of the agent of such house on this side such num-
ber of bales of cotton as might be agreed to be sufficient to cover the
advance; the cotton to be consigned for sale to the house abroad
taking the advance, with the usual allowance of commissions on
advances and sales, but the cotton to remain on this side until the
blockade is raised. Knowing your position as the trusted agent of
eminent foreign bankers, I submit the matter for your consideration,
with the request that, if the proposal be not acceptable to you, you
will be good enough to inform me at once, as well as to state whether
there are any modifications that would render it acceptable. The
cotton would, of course, be stored and insured at the expense of the
Government at any convenient point designated, but not in a cotton
port, during the existence of the blockade.

I am, respectfully, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

Executive Department,

Richmond, January 17, 1862.

His Excellency Governor of the State of Louisiana:

Sir : In compliance with a joint resolution of the General Assembly
of Virginia, I have the honor to inclose herewith their resolutions
approving the declaration of sentiment and purpose contained in cer-
tain joint resolutions of the Legislature of Georgia, and affirming and
adopting the same, together with a communication addressed by me
to the Legislature of this State upon the subject, and respectfully
request that these documents may be laid before the Legislature of
your State.

Very respectfully,

JOHN LETCHER.

[Inclosure No. 1.]

RESOLUTIONS approving the declarations of sentiment and purpose contained in
certain joint resolutions of the Legislature of Georgia, and affirming and adopt-
ing the same. Agreed to January 8, 1862.

Resolved by the Senate and House of Delegates of the Commomvealth
of Virginia, That the declarations of sentiment and purpose con-
tained in the joint resolutions of the Legislature of Georgia, com-
municated this day, the 6th of January, 1862, to the General Assembly
by the Governor of Virginia, are eminently just and patriotic, should
be cordially and approvingly responded to by every State in the
Southern Confederacy, and in the name and in behalf of this Com-
monwealth we do hereby affirm and adopt the same.

Resolved, That the action of this General Assembly be forthwith
communicated to the Executives of each of the other States of the
Confederacy, together with a copy of the message of Governor
Letcher, accompanying the resolutions of the State of Georgia, to be
by them laid before their respective Legislatures.

A copy from the rolls.

Teste.

WM. F. GORDON, Jr.,
Clerk of the House of Delegates and

Keeper of the Rolls of Virginia.

CONFEDERATE AUTHORITIES. 847

[Iiiclosure ITo. 2.]

Executive Depaetment,

January 6 1862
Gentlemen of the Senate and House of Delegates:

I have received from His Excellency Joseph E. Brown, Governor of
the State of Georgia, a communication inclosing joint resolutions
adopted by the Legislature of that State, and approved December 11,
1861. These resolutions relate to matters of the first importance and
they command my cordial approbation. They declare the sentiment
of the Southern Confederacy and will be enthusiastically responded
to by the people of all classes.

In communicating these resolutions to the General Assembly I
embrace the opportunity to fill up a hiatus in the history of our State
growing out of her changed relations. Virginia dissolved her con-
nection with the Government of the United States on the 17th day of
April last, having watched closely the political conduct of President
Lincoln and his Cabinet from the 4th day of March preceding. A
large portion of our people believed, from the revelations of his
inaugural message, that he designed to subjugate the South, and
much of his policy, as developed in the first six weeks of his adminis-
tration, tended to confirm and strengthen this belief. The appearance
of his proclamation, however, calling upon Virginia and other States
for volunteers, removed all doubts and made it plain and palpable that
subjugation was his object, and military power would be the means
used to effect it. He had revealed his purpose by the issue of this proc-
lamation to use Virginians, if possible, in coercing their Southern slave-
holding brethren into submission to his will and obedience to his
governmental authority. Virginia, seeing that the only hope of pre-
serving her rights and honor as a State and the liberties of her people
consisted in dissolving her connection with the Government of the
United States and resuming her sovereignty, adopted that course, and
subsequently determined to unite her destiny with her Southern
sisters. She did so, and her convention being at the time in session
adopted such ordinances and regulations as were necessary to protect
her citizens against the machinations of enemies at home and the
encroachments of enemies from abroad.

Events that have transpired since the 17th day of April last have
: more than confirmed the worst apprehensions of the people of Vir-
ginia, and have furnished an ample and complete justification for the
secession of the State. All the wicked results apprehended when she
seceded have been fearfully realized, and they now constitute an
important chapter in the history of the stirring times in which we
live. Such were the considerations that influenced and determined
the action of Virginia.

I now propose to show that while President Lincoln professes to
have inaugurated this war for the preservation and perpetuation of
the Constitution of the United States in its spirit and letter, he has
violated in the most direct manner many of its most important pro-
visions. I propose, in the next place, to compare his conduct with the
conduct of George III, and prove by reference to the Declaration of
Independence that most of his acts have been identical with those
denounced by our forefathers as justifiable ground for our separation
from the mother Government.

The war which has been waged against us by President Lincoln is
the most unnatural and at the same time the most disgraceful that

848 COEEESPONDENCE, ETC.

has ever occurred. We are struggling for our rights and liberties,
for the protection of our persons and property, and for the preserva-
tion of the honor and institutions of the South. The ruthless assault
that has been made upon us and the unjustifiable attempts to reduce
lis to submission present a most extraordinary spectacle in the eyes
of the civilized world.

When a Secretary of War can quietly seat himself at his desk and
coolly, calmly, and deliberately commit to paper a recommendation
to arm the slaves of the Southern States, place them in the field, and
incite them to hostility against their masters and the destruction of
their families, what extreme may we not reasonably anticipate from
an Administration that retains such an oflftcial in its service? When
an Administration can go to work to destroy ports in States over which
they claim to have jurisdiction by sinking obstructions in the chan-
nels of our rivers and harbors (a policy unheard of among civilized
nations), what enormity may we not be prepared to expect?

President Lincoln and his Cabinet have annulled the Constitution ;
have suspended the writ of habeas corpus, and have declared martial
law without constitutional warrant but in defiance of it. Representa-
tive government has ceased to command their respect, and the direct
tendency now in what remains of the late United States Government
is inevitably toward consolidation and despotism. Passion and preju-
dice, avarice and selfishness, malignity and meanness, have controlled
their action and directed their efforts against us.

Having presented these general views, I now present specifications,
showing in what particulars the Constitution has been violated. Some
of these specifications show violations anterior to the secession of
Virginia, others show violations equally palpable subsequent to her
secession.

In the preamble to the Constitution of the United States our fore-
fathers declared the purposes and objects they had in view in the
formation of the Government, and those purposes and objects were
"to establish justice, insure domestic tranquillity, provide for the
common defense, promote the general welfare, and secure the bless-
ings of liberty" to themselves and their posterity. The Government
has been so administered and directed as to defeat all these purposes
and objects. Justice has not been established, nor is it respected by
President Lincoln and his Cabinet. Domestic tranquillity has not
been insured, but domestic disturbance has been inaugurated and
encouraged. The common defense has not been provided for, but
Northern arms have been leveled at Southern breasts, and the wel-
fare of our people has been totally disregarded. The blessings of lib-
erty have not been secured to us, but we have found the Federal
authorities exerting all their power and using all the means at their
command to reduce the Southern people to abject submission to
Northern numbers.

President Lincoln and his Cabinet have willfully and deliberately
proposed to violate every provision of the third section of the fourth
article of the Constitution, which each one of them solemnly swore or
afi&rmed, in the presence of Almighty God, "to preserve, protect, and
defend." That section is in these words:

New States may be admitted by the Congress into this Union ; but no new State
shall be formed or erected within the jurisdiction of any other State; nor any
State be formed by the junction of two or more States, or parts of States, without
the consent of the Legislatures of the States concerned, as well as of the Congress.

CONFEDERATE AUTHORITIES. 849

They have deliberately proposed to annex certain counties in Mary-
land to Virginia, and thus form the new State of Kanawha, within
the jurisdiction of Virginia, without the consent of the Legislatures
of those States and of Congress. They have proposed to take the four
counties lying in the Panhandle from Virginia and attach them to
Pennsylvania without the consent of the Legislatures of the States
interested and of Congress. They have proposed to join the eastern
counties of Virginia to Maryland, and thus make a new State by the
junction of parts of two States, without the consent of the Legisla-
tures of those States and of Congress. These propositions present a
most plain and glaring violation of the Constitution, and evidence an
intensity of malignity toward Virginia and Virginians without a par-
allel in the history of the United States.

The iirst amendment to the Constitution declares that "Congress
shall make no law abridging the freedom of speech or of the press."
President Lincoln and his Cabinet have willfully disregarded the
spirit of this article. Numerous instances could be cited to prove
that the solemnities of an oath have not restrained them in their
efforts to abridge the freedom of speech and to muzzle the press. The
numberless arrests made by them in Western and Eastern Virginia, in
Kentucky, in Missouri, in Maryland, in Washington City, and also in
the free States, when nothing more was charged against the parties
arrested than the declaration of their opinions in condemnation of the
policy of President Lincoln and his Cabinet, shows that freedom of
speech is not tolerated by them. The notorious fact that papers have
been suppressed in New York, Philadelphia, and elsewhere by the
exercise of executive power fully attests a scandalous usurpation for
the destruction of the independence of the press.

President Lincoln and his Cabinet and the military officers under
their direction and control have violated the fourth article of the
amendments to tlie Constitution, which guarantees "the right of the
people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures," and declares that it "shall not
be violated. " This article has been habitually disregarded, and every
observant man will call to mind numerous instances of its violation,
the results of suspicion merely.

He and his Cabinet have violated as deliberately and willfully the
fifth article of the amendments to the Constitution, which is in these
words :

No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a grand jury, except in cases arising in
the land or naval forces, or in the militia, when in actual service in time of war or
public danger : nor shall any person be subject for the same offense to be twice
put in jeopardy of life or limb ; nor shall be compelled in any criminal case to be
a witness against himself, nor be deprived of life, liberty, or property, without due
process of law ; nor shall private property be taken for public use without just
compensation.

Without a presentment or indictment of a grand jury they have, on
mere suspicion of crime, caused men and women to be arrested and
confined under strong guards, and have detained them for weeks and
months. They have prostituted the telegraph to their use for the pur-
pose of communicating orders for the arrest of suspected persons,
repudiating all those safeguards which the law has wisely thrown
around the citizen for his protection. Desolation has followed in the
footsteps of the Federal Army. Neither life, liberty, nor property has

54 R R — SERIES IV, VOL I

850 CORRESPONDENCE, ETC.

been respected by them. They have murdered many of the best cit-
izens of the country. They have incarcerated others in jails and
forts, and they have seized and appropriated private propert.y to public
use without due process of law, and without making just compensation
to the owner.

He and his Cabinet have disregarded the injunctions of the sixth
article of the amendments to the Constitution not less flagrantly than
those to which I have referred. That article declares :

In all criminal prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the State and district wherein the crime shall
have been committed, which district shall have been previously ascertained by
law, and to be informed of the nature and cause of the accusation ; to be con-
fronted with the witnesses against him ; to have compulsory process for obtaining
witnesses in his favor, and to have the assistance of counsel for his defense.

He and his Cabinet have seized large numbers of our citizens, with-
drawn them from their homes, their famines, and their business, cast
them into loathsome prisons, refused to inform them of the cause and
nature of the accusation against them, denied to them the right and
opportunity of consultation with friends or counsel, and have with-
held from them a speedy and public trial by an impartial jury. They
would neither confront them with the witnesses against them, nor
would they allow them to have compulsory process for obtaining
witnesses in their favor.

The conduct of President Lincoln has been as tyrannical and
oppressive toward the Confederate States as the acts of the King of
Great Britain, which caused our first revolution, were toward the
colonies. The comparison cannot fail to make its impression upon
the mind even of the casual observer.

President Lincoln has plundered the public treasury and has deliv-
ered at least 140,000 to Peirpoint to enable him and his traitorous
associates in the Commonwealth of Virginia to overthrow the State
government and to organize within the limits of this State a new gov-
ernment. He has thus been guilty of the unprincipled conduct of
using the people's money to lavish upon traitors and encourage them
to perseverance in their work of treason.

"The history (of Abraham Lincoln) is a history of repeated injuries
and usurpations, all having in direct object the establishment of an
absolute tyranny over these (Confederate) States." To this end "he
has affected to render the military independent of and superior to the
civil power."

He has combined with Peirpoint and other traitors in Virginia "to
subject us to a jurisdiction foreign to our Con.stitution and unac-
knowledged by our laws, giving his assent to their acts of pretended
legislation."

He is endeavoring to quai'ter "large bodies of troops amongst us."

He is endeavoring to cut off "our trade with all parts of the world."

He is endeavoring to impose "taxes upon us without our consent."

He is endeavoring to deprive us "in many cases of the benefits
of trial by jury."

"He has abdicated government here by declaring us out of his pro-
tection and waging war against us."

"He has plundered our seas, ravaged our coast, burned our towns,
and destroyed the lives of our people."

"He is at this time transporting large troops of mercenaries to com-
plete the work of death, desolation, and tyranny already begun with

CONFEDERATE AUTHORITIES. 851

circumstances of cruelty and perfidy scarcely i)aralleled in tlio most
barbarous ages and totally unworthy the head of a civilized nation."

He has endeavored to excite domestic insurrectioTis amongst us by
proposing to put arms in the hands of our slaves, and thereby encour-
age them to an " undistinguished destruction of all ages, sexes, and
conditions."

He has violated laws liuman and divine to gratify his passions, to
glut his prejudices, and to wreak his vengeance upon a people who
ask only their rights, and who are struggling to preserve their liber-
ties. Can a Government conducted upon such principles endure ?

In every stage of these oppressions, attempted or consummated
prior to the secession of the State, we warned President Lincoln and
the Northern people of the inevitable consequences of their course,
and admonished them that if justice were not accorded to us the Union
must be dissolved. In every stage of these oppressions since the
secession of the State we have resisted them as became a free people
asserting independence. Our admonitions and resistance have been
answered by repeated injury and oppression, aggravated by war and
bloodshed, and by the assumption and exercise of power which even
an autocrat would hesitate to assume and exercise.

A President "whose character is thus marked by every act which
may define a tyrant, is unfit to be the ruler of a free people."

I have thus presented —

First. The considerations that influenced and controlled the action
of Virginia in separating herself from the Government of the United
States and resuming her sovereignty.

Second. The results which President Lincoln's policy gave us fearful
reason to apprehend, and which are now matters of history, stamped
indelibly upon its pages. In these I enumerate his repeated violations
of a Constitution which he had solemnly sworn to support.

Third. I have run a parallel between the conduct of President Lin-
coln and Geoi'ge III, and have demonstrated that the former has
shown himself not less a tyrant and usurper than the latter.

The Constitution of the United States has had no binding efficacy
upon us since the 17th day of April last. On that day we repudiated
it, and declared to the world that we would not be longer bound by its
provisions. From that day Virginia dates a new era. Her own con-
stitution, her laws, and her ordinances constituted the rule for her
guidance from that day forward until her union with the Confederate
States was consummated. While she occupied a position as an inde-
pendent State she deported herself with a grace and dignity that
became "the Mother of States," and after her union with the Confed-
erate Government she fulfilled her obligations faithfully in her new
relation.

The occurrences of the past nine months have demonstrated conclu-
sively that we cannot live together as equals under the Government of
the United States; and the habitual violation of the provisions of the
Constitution and the open disregard of the laws by President Lincoln
and his officials render governmental associations between us impos-
sible. Mutual respect between the citizens of the Southern Confed-
eracy and those of the North has ceased to exist. Mutual confidence
has been succeeded by mutual distrust, and mutual good will by
mutual aversion. No government can be enduring which does not
possess the affection and respect of the governed. It cannot be that
the people of the Confederate States can again entertain a feeling of

852 CORRESPONDENCE, ETC.

afEection and respect for the Government of the United States. We
have therefore separated from them, and now let it be understood
that the separation " is and ought to be final and irrevocable," that
Virginia ' ' will under no circumstances entertain any proposition from
any quarter which may have for its object a restoration or recon-
struction of the late Union, on any terms and conditions whatever."

We must be content with nothing less than the unqualified recogni-
tion of the independence of the Southern Confederacj'^ and its nation-
ality by the Government of the late United States; and to this end we
must meet the issue they have tendered to us with spirit, energy, and
determination, and with a firm resolve on the part of each of the
Confederate States that everything shall be done that may be neces-
sary to insure the triumph of our arms, and thus secure liberty and
independence for the South.

In conclusion I recommend that before your adjournment this day
you reaffirm by solemn vote in each house the resolutions adopted by
the General Assembly of Georgia. The Empire State of the South
has spoken. Let not the Mother of States remain silent on a subject
of so much significance and importance to the Southern Confederacy.
Respectfully,

JOHN LETCHER.

[Siib-incloBureNo. ].]

Executive Department,
MiUedgeville, Oct., December 16, 1861.
His Excellency John Letcher,

Governor of Virginia:
Sir: I beg the honor to transmit herewith a copy of joint resolu-
tions recently adopted by the General Assembly of Georgia. The
Legislature has not directed me to forward them, but I do so under
the conviction that you will be pleased to learn the action of Georgia
on the important subject to which they relate.
Very respectfully,

JOSEPH E. BROWN.

[Sab-iDclosui-e Ko. 2.]

JOINT RESOLUTIONS of the General Assembly of the State of Georgia, passed

at its last session.

Resolved by the Senate and House of Representatives of the State of
Georgia in General Assembly met. That it is the sense of this Gen-
eral Assembly that the separation of those States now forming the
Confederate States of America from the United States is and ought
to be final and irrevocable, and that Georgia will, under no circum-
stances, entertain any proposition from any quarter which may have
for its object a restoration or reconstruction of the late Union on
any terms or conditions whatever.

Resolved, That the war which the United States are waging upon
the Confederate States should be met on our part witli the utmost
vigor and energy, until our independence and nationality are uncon-
ditionally acknowledged by the United States.

Resolved, That Georgia pledges herself to her sister States of the
Confederacy that she will stand by them throughout the struggle —
she will contribute all the means which her resources will supply, so
far as the same may be necessary to the support of the common

CONFEDERATE AUTHORITIES. 853

cause, and will not consent to lay down arms until peace is established
on the basis of the foregoing resolutions.

WARREN AKIN,
Speaker of the House of Representatives.
L. CARRINGTON,
Clerk of the House of Representatives.
JOHN BILLUPS,

President of the Senate.
JAS. M. MOBLEY,

Secretary of the Senate.
Approved December 11, 18G1.

JOSEPH E. BROWN,

Governor.

[January 17, 1862. — For Price to Benjamin, relating to the trans-
fer of the Missouri State Guard to the Confederate Government, see
Series I, Vol. VIII, p. 736.]

Richmond, January 17, 1862.
Hon. J. P. Benjamin,

Secretary of War:
Sir : I cordially commend to your favorable consideration the plan
of D. T. Bisbie, esq. , for the importation into the Confederate States
of such munitions and merchandise as our people now need, and I
avail myself of the occasion to say that if such a scheme can be car-
ried out bj' energetic and intelligent efforts it can be in no better
hands than those of Mr. Bisbie, whom I have known for ybars as a
gentleman of enterprising and unblemished character.*
Most respectfully, your obedient servant,

A. R. BOTELER.

AN ACT to organize the Territory of Arizona.

The Congress of the Confederate States of America do enact, That
all that part of the present territory of New Mexico included within
the following limits, to wit: Beginning on the Colorado River, at the
parallel of north latitude thirty-four degrees; thence with said par-
allel to the eastern boundary of New Mexico; thence south with said
boundary until it intersects the line of Texas; and thence with
said line to the Rio Grande, and so on to the line of Mexico, on said
river, as fixed by the treaty of eighteen hundred and fifty-four;
thence with the boundary line established by said treaty between
the late United States and Mexico to the Colorado River; thence
up the Colorado to the place of beginning, be, and the same is
hereby, created into a temporary government, by the name of the
Territory of Arizona; and nothing in this act shall be so construed
as to inhibit the Government of the Confederate States from divid-
ing said Territory into two or more Territories, in such manner and
at such times as Congress shall deem convenient and proper, or
from attaching any portion of said Territory to any other State or
Territory of the Confederate States; and the Institution of slavery in
said Territory shall receive all necessary protection, both from the

*See Bisbie to Benjamin, January 16, p. 843.

854 COERESPONDENCE, ETC.

Territorial Legislature and the Congress of the Confederate States:
Provided, also. That nothing in this act contained shall be con-
strued to impair the rights of persons or property now pertaining to
the Pimos and Marieopas Indians on the Gila River, or the right or
claim of the Confederate States to the remainder of the Territory of
New Mexico, or to any other territory north of the line of thirty-four
degrees north latitude.

Sec. 2. And he it further enacted, That the executive power and
authority in and over said Territory of Arizona shall be vested in a
Governor, who shall hold his ofllce for six years, and until his suc-
cessor shall be duly appointed and qualified, unless sooner removed
by the President of the Confederate States. The Governor shall
reside within said Territory, at the seat of government, and shall
be commander-in-chief of the militia thereof; he may grant pardons
and respites for ofEenses against the laws of said Territory, and
reprieves for offenses against the laws of the Confederate States,
until the decision of the President can be made known thereon; he
shall commission all ofiicers who shall be appointed to office under
the laws of said Territory, and shall take care that the laws be faith-
fully executed.

Sec. 3. And he it further enacted, That there shall be a secretary of
said Territory, who shall reside therein, and hold his office for six
years, unless sooner removed by the President of the Confederate
States; he shall record and preserve all the laws and proceedings of
the Legislature hereinafter constituted, and all the acts and proceed-
ings of the Governor in his executive department; he shall transmit
one copy of the laws and journals of the Legislature within thirty
days after the end of each session, and one copy of the executive pro-
ceedings and official correspondence semi-annually, on the first days
of January and July, in each year to the President of the Confeder-
ate States, and four copies of the laws to the Vice-President, to be
deposited in the libraries of Congress; and in case of the death,
removal, resignation, or absence of the Governor from the Territory,
the secretary shall be, and he is liereby, authorized and required to
execute and perform all the powers and duties of the Governor dur-
ing such vacancy or absence, or until another Governor shall be duly
appointed to fill such vacancy.

Sec. 4. And he it further enacted. That the legislative power and
authority of said Territory shall be vested in the Governor and a Leg-
islative Assembly. The Legislature shall consist of a council and
house of representatives. The council shall consist of thirteen mem-
bers, having the qualification of voters as hereinafter prescribed,
whose term of office shall continue two years. The house of repre-
sentatives shall, at its first session, consist of thirteen members,
possessing the same qualifications as prescribed for members of the
council, and whose term of office shall continue one year. The num-
ber of representatives may be increased by the Legislature, from
time to time,- in proportion to the increase of the qualified voters:
Provided, That the whole number shall never exceed thirty-nine. An
apportionment shall be made, as nearly equal as pra(!ticable, among
the several counties or districts, for the election of the council and
representatives, giving to each section of the Territory representa-
tion in the ratio of its qualified voters, as nearly as may be. And
the members of the council and of the house of representatives shall
reside in, and be inhabitants of, the district or county or counties for
which they may be elected respectively. The said apportionment

CONFEDERATE AUTHOEITIES. 855

shall be based upon the census report of New Mexico for the year
1860, made by direction of the late United States.

Sec. 5. And be it further enacted, That the Governor shall regulate
the first election which shall be held for members of the council and
house of representatives. The first election shall be held at such
time and places, and be conducted in such manner, both as to per-
sons who shall superintend such election and the returns thereof, as
tlie Governor shall appoint and direct, and he shall, at the same time,
declare the number of members of the council and house of repre-
sentatives to which each of the counties or districts shall be entitled
vinder this act. The persons having the highest number of legal
votes in each of the election districts for members of the council
shall be declared bj' him to be duly elected to the council, and the
persons having the highest number of legal votes for the house of
representatives shall be declared by him to be duly elected members
of said house; and the Governor, thereupon, shall give to the respec-
tive members of the council and the house, so declared, certificates
of election, under his official signature. In any case, where it shall
be declared, in the first election, that the people have failed to elect,
another election shall be ordered, and if any vacancy occurs during
the session of the first Legislature another election shall likewise be
ordered by the Governor, under the same rules, to fill such vacancies;
but the first Legislature shall provide by law for all failures to elect,
or vacancies which may occur thereafter. And it is hereby provided
tliat no session shall exceed fifty days, except the first session, which
may continue seventy days. And it is further provided that all legis-
lative proceedings shall be conducted in the English language.

Sec. 6. And be it further enacted, That every free white male
inhabitant above the age of twenty-one years, who shall be an actual
resident of said Territory and shall possess the qualifications herein-
after prescribed, shall be entitled to a vote at the first election, and
shall be eligible to any office in the said Territory; but the qualifica-
tions of voters and of holding office shall be exercised only by citizens
of the Confederate States: And provided fu/rther. That no officer,
soldier, seaman, or marine, or other person in the Army or Navy of
the Confederate States, or attached to troops in the service of the
Confederate States, not being a citizen of said Territory, shall be
allowed to vote or hold office in said Territory.

Sec. 7. And be it further enacted. That the legislative power of the
Territory shall extend to all rightful subjects of legislation consistent
witli the Constitution of the Confederate States and the provisions
of this act; but no law shall be passed interfering with the primary
disposal of the soil; no tax shall be imposed upon the property of the
Confederate States; nor shall the lands or other property of non-resi-
dents be taxed higher than the lands or other property of residents.
Every bill which shall have passed the council and house of represent-
atives of the said Territory shall, before it become a law, be presented
to the Governor of the Territory; if he approve, he shall sign it; but
if not, he shall return it, with his objections, to the house in which it
originated, who shall enter the objections at large on their journal,
and proceed to reconsider it. If, after such consideration, two-thirds
of that house shall agree to pass the bill, it shall be sent, together
with the objections, to the other house, by which it shall likewise be
considered, and, if approved by two-thirds of that house, it shall
become a law. But in all such cases the votes of both houses shall
be determined by yeas and naj's, to be entered on the journal of each

856 CORRESPONDENCE, ETC.

house, respectively. If any bill shall not be returned by the Governor
within six days (Sunday excepted) after it shall have been presented
to him, the same shall be a law in like manner as if he had signed it,
unless the Legislature, by adjournment, prevent its return, in which
case it shall not be a law: Provided always, That the Governor shall
not exercise the veto in cases hereinafter expressly reserved or denied
by this act: Provided further, That the Congress of the Confederate
States may, at any time, change, modify, or annul any law that may
be passed by the Legislative Assembly, but no change or anntilling of
the same shall affect or disturb any rights acquired previous to the
making of such change or alteration : And provided further, That
said Congress may, at any time during the existence of said territorial
government, originate and pass for the people of said Territory any
law which Congress may deem expedient or necessary and proper.

Sec. 8. And be it further enacted. That all territorial and county
ofiicers not herein otherwise provided for shall be appointed by the
Governor, and they shall hold their offices until they are filled by
persons appointed or elected conformably to such law as the Legisla-
ture shall enact in relation thereto. The Governor shall lay off, for
the first election, the election districts for the members of the council
and house of representatives, where deemed necessar3': Provided
always. That after the first session the Legislature shall exercise the
sole power of laying off all election districts.

Sec. 9. And be it further enacted. That no member of the Legisla-
ture shall hold or be appointed to any office which shall have been
created or the salary or emoluments of which shall have been increased
while he was a member, during the term for which he was elected,
and for one year after the expiration of such term; but this restric-
tion shall not be applicable to members of the first Legislature; and
no person holding a commission or appointment in the military serv-
ice of the Confederate States shall be a member of the Legislature or
hold any civil office under the government of said Territory.

Sec. 10. And be it further enacted. That the judicial power of said
Territory shall be vested in a supreme court, district courts, probate
courts, and in justices of the peace. The supreme court shall consist
of a chief justice and two associate justices, any two of whom .shall
constitute a quorum, and who shall hold a term at the seat of govern-
ment of said Territory annually. They shall appoint a clerk, who
shall hold his office during their pleasure, and who shall receive such
fees in all cases in said court as the clerk of the supreme court of the
Territory of New Mexico is now entitled to by law; and they shall
hold their offices during the period of six years,, and until their
successors are duly appointed and qualified. The said Territory
shall be divided into three judicial districts, and a district court
shall be held in each of said districts by one of the justices of the
supreme court at such times and place as may be prescribed bj'
law; and the said judges shall, after their appointments, respect-
ively reside in the districts which shall be assigned them. The
jurisdiction of the several courts herein provided for, both appellate
and original, and that of the probate courts and justices of the
peace, shall be as limited by law : Provided, That justices of the peace
shall not have jurisdiction of any matter in controversy when the
title or boundaries of land may be in dispute or where the debt or
sum claimed shall exceed $100; and the said supreme and district
courts, respectively, shall possess chancery as well as common-law
jurisdiction. Each district court, or the judge thereof, shall appoint

CONFEDERATE AUTHORITIES. 857

its clerk, who shall hold his office at the pleasure of the court for which
he shall have been appointed, and who shall also be the register in
chancery, and shall keep his office at the place where the court may
be held. Writs of error, bills of exception, and appeals shall be
allowed in all cases from the final decision of said district courts to
the supreme court, under such regulations as may be prescribed by
law, but in no case removed to the supreme court shall trial by jury
be allowed in said court. Writs of error and appeals from the final
decision of said supreme court shall be allowed and may be taken to
the Supreme Court of the Confederate States in the same manner and
under the same regulations as from district courts of the Confederate
States, when the value of the property or the amount in controversy,
to be ascertained by the oath or affiimation of either party or other
competent witness, shall exceed $1,000; except only that in all cases
involving title to slaves the said writs of error or appeals shall be
allowed and decided by the said Supreme Court without regard to the
value of the matter, property, or title in controver.sy; and except, also,
that a writ of error or appeal shall also be allowed to the Supreme Court
of the Confederate States from the decision of said supreme court
created by this act, or of any judge thereof, or of the district courts
created by this act, or of any judge thereof, upon any writ of habeas
corpus involving the question of personal freedom ; and each of the
said district courts shall have and exercise the same jurisdiction in all
cases arising under the Constitution and laws of the Confederate
States as is vested in the circuit and district courts of the Confederate
States; and the said supreme and district courts of said Territory and
the respective judges thereof shall and may grant writs of habeas
corpus in all cases in which the same are granted by the judges of the
Supreme Court of the Confederate States ; and the first six days of
every term of said courts shall be appropriated to the trial of causes
arising under the said constitution and laws; and writs of error and
appeals in all such cases shall be made to the supreme court of said
Territory the same as in other cases. The said clerk shall receive in
all cases the same fees which the clerks of the district courts of the
present Territory of New Mexico receive for similar services until
otherwise prescribed by law. The proceedings in all courts in said
Territory shall be conducted tu the English language. All probate
judges in the said Territory shall be appointed by the Governor and
all justices of the peace therein shall be appointed by the justices of
the supreme court.

Sec. 11. And be it further enacted, That there shall be appointed
an attorney for said Territory who shall continue in office for six
years, unless sooner removed by the President, who shall receive an
annual salary of $500, payable quarterly, and the same fees as the
attorney-general of the present Territory of New Mexico. There shall
also be a marshal for the Territory appointed, who shall hold his office
for six years, unless sooner removed by the President, who shall exe-
cute all process issuing from the said courts when exercising their
jurisdiction as district and circuit courts of the Confederate States;
he shall perform the duties, be subject to the same regulation and
penalties, and be entitled to the same fees as the marshal for the
present Territory of New Mexico, and shall in addition be paid $200
annually as a compensation for extra services.

Sec. 12. And be it further enacted, That the Governor, secretary, chief
justice and associate justices, attorney, and marshal shall bo nominated
and, by and with the advice and consent of Congress or the Senate,

858 COERESPONDENCE, ETC.

appointed by the President of the Confederate States. The Gov-
ernor and secretary to be appointed as aforesaid shall, before they act
as such, respectively, take an oath or afl&rmation before a district judge
or some justice of the peace in the limits of said Territory duly author-
ized to administer oaths and affirmations, or before the chief justice or
some associate ju.^tice of the Supreme Court of the Confederate States,
to support the Constitution of the Confederate States, and faithfully
to discharge the duties of their respective offices; which said oaths,
when so taken, shall be certified by the person before whom the same
shall have been taken, and such certificates shall be received and re-
corded by the said secretary among the executive proceedings; and the
chief justice and associate justices, and all other civil officers in said
Territory, before they act as such, shall take a like oath or affirmation
before the said Governor or secretary, or some judge or justice of the
peace of the Territory, who may be duly commissioned and qualified,
which said oath or affirmation shall be certified and transmitted by
the person taking the same to the secretary, to be by him recorded as
aforesaid ; and afterward the like oath or affirmation shall be taken,
certified, and recorded in such manner and form as may be prescribed
by law. The Governor shall receive an annual salarj' of $1,500 as
Governor, and $500 as commissioner of Indian affairs. The salary of
the secretary of the Territory shall be the sum of $1,200 per annum,
paj'able quarterly. The chief justice and associate justices shall each
receive an annual salary of $1 , 800. All salaries shall be paid quarterly
at the Treasury of the Confederate States. The members of the Legis-
lative Assembly shall be entitled to receive 14 each per day during
their attendance at the sessions thereof, and $4 each for every twenty
miles travel in going to and returning from the said sessions, esti-
mated according to the nearest usually traveled route. There shall
be appropriated annually the sum of $1,000, to be expended by the
Governor, to defray the contingent expenses of the Territory; there
shall also be appropriated annually a sufficient sum, to be expended
by the secretary of the Territory, and upon an estimate to be made
by the Secretary of the Treasury of the Confederate States, to defraj'
the expenses of the Legislative Assembly, the printing of the laws and
other incidental expenses; and the secretary of the Territory shall
annually account to the Secretary of the Treasury of the Confederate
States for the manner in which the aforesaid sum shall have been
expended.

Sec. 13. Andbe it further enacted, That the Jjegislsitiye Assembly of
the Territory of Arizona shall hold its sessions at La Mesilla, which is
hereby designated as the seat of government of the said Territorj',
until otherwise provided by law.

Sec. 14. And be itfwrther enacted, That a Delegate to the Congress
of the Confederate States, to serve during each Congress, may be
elected by the voters qualified to elect members of the Legislative
Assembly, who shall be entitled to such rights and privileges as may
be provided by the Constitution and laws of the Confederate States.
The first election shall be held at such time and places, and be con-
ducted in such manner, as the Governor shall appoint and direct;
and at all stibsequent elections the time and places and manner of
holding elections shall be prescribed by law. The person having the
greatest number of legal votes shall be declared by the Governor to be
duly elected, and a certificate thereof shall be given accordingly; and
such Delegate shall receive mileage at the rate of 10 cents per mile,
and S8 for each day's attendance at the session of Congress.

CONFEDERATE AUTHORITIES. 859

Sec. 15. And be it further enacted, That temporarily, and until
otherwise provided by law, the Governor of said Territory may define
the judicial districts of said Territory, and assign the judges who may
be appointed for said Territory to the several districts, and also appoint
the times and places of holding courts in the several counties or sub-
divisions in each of said judicial districts by proclamation to be issued
by him; but the Legislative Assembly at their first or any subsequent
session may alter, modify, or organize such judicial districts, and
assign the judges, and alt«r the times and places of holding the courts
as to them shall seem proper and convenient.

Sec. 16. And be it further enacted, That the Constitution and all
laws of the Confederate States, which are not locally inapplicable,
shall have the same force and effect within the Territory of Arizona
as elsewhere within the Confederate States.

Sec. 17. And be it further enacted. That the provisions of this act
be, and are hereby, suspended until the President of the Confederate
States shall issue his proclamation, declaring this act to be in full
force and operation, and shall proceed to appoint the ofl&cers herein
provided to be appointed in and for said Territory.

Approved January 18, 1862.

[January 18, 1862. — For J. E. Johnston to Benjamin, in relation
to the act of Congress granting bounties and furloughs, &c., see
Series I, Vol. V, p. 1036.]

[January 19, 1862. — For Blount to Benjamin, in relation to the
secret organization of Union men in Alabama, <fcc., see Series I, Vol.
VII, p. 840.]

Confederate States of America, War Department,

Richmond, Va., January 20, 1862.
Hon. Chairman op Finance Committee op the Congress:

I have the honor, in conformity with your request, to submit the
following estimates : First. For establishing railway communication
between Danville, Va., and Greensborough, N. C, to be expended in
such manner as the President may deem advisable, $1,000,000 in Con-
federate bonds. Second. For aiding in the completion of the railroad
connection between Meridian, Miss., and Selma, Ala., to be advanced
to the company now engaged in constructing said railroad, in Con-
federate bonds, on such terms as the President shall approve, $150,000.
Third. To be loaned to the State of Missouri and applied with consent
of her authorities to the pay of her troops prior to their muster into
Confederate service, $1,000,000.

I am, very respectfully, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

Paymaster-General's Office,

Richmond, January 20, 1862.

Chairman Committee on Military Affairs,

House of Delegates of Virginia:
Sir: In compliance with the resolution of the House of Delegates
passed January 10, 1862, I have the honor to submit herewith an

860

CORRESPONDENCE, ETC.

abstract showing the number, by companies, of the Virginia Volun-
teers who entered the service prior to 1st of July, 1861. The returns
to this office only comprise such companies as entered service prior to
July 1, 1861, up to which period they were paid by the State. I am
therefore unable to say what number are now in the field. The
reports subsequent to 1st of July were made, I presume, to the
Adjutant-General of the Confederate States. He would therefore
be able to give this information, as well as the points at which the
troops are stationed. In some instances I found a difficulty in fixing
the exact date of entry into service, owing to the neglect of the offi-
cers making the rolls not stating in the caption of such rolls when
and for how long the company was mustered in. In such cases I took
the commencement of pay as the date of entry, and twelve months
thereafter as the termination of service. I have understood that
some few of the companies embraced in my abstract have been dis-
charged, but never having received official notice of the fact, I can-
not, of course, report them so. Many of the companies were largely
increased by recruiting after the 1st of July, and a good many men
have been discharged — to what extent in either case I am unable to
state.

I have the honor to be, very respectfully, your obedient servant,

HENRY HILL,
Paymaster- General Virginia Forceji.

[Incloanre.]

An abstract shovring the commencement of and the termination of service of the
volunteers of Virginia who went into the service in April, May, and June, 1861.

APEIX.

Tor what period.

-is
.s

Infantry.

Cavalry.

Artillery.

Total commiBBioned,
noD - commissioned
officers, and pri-
vates.

17
31
19
U

10
14
13
9
38
1
5
1
3
2

Date of
euroU-
ment.

i
1

Expira.

tiOD of

term of
service

1861.
Apr. 17
Apr. 18
Apr. 19
Apr. 20
Apr. 21
Apr. 22
Apr. 23
Apr. 2i
Apr. 25
Apr. 26
Apr, 27
Apr. 28
Apr. 29
Apr. 30

17
124
76
52
40
56
52
35
133

4
20

4
12

953

1,926

1,020

512

543

968

796

597

1,865

312

185

147

1
4
5
6

1
2
1

69
266
327
419

70
lU

83
462

234

1,323
2,316
1,630
1,133

870
1,094
1,059

715

2,815

400
93

197

165

1862.
Apr. 17
Apr. 18
Apr. 19
Apr. 20
Apr. 21
Apr. 22
Apr. 23
Apr. 24
Apr. 25
Apr. 26
Apr. 27
Apr. 28
Apr. 29
Apr. 30

....do

...do

....do

2
2
2

107
150
192

....do

355

...do

....do

...do

....do

Total for April....

683

134

9,993

1,935

1,173

13,784

177

RECAPITULATION.

134 infantry companies 9 993

28 cavalry companies 1.!!!!" l' 935

15 artilleiy companies .'...'.'. 1 173

177 companies 13^ 101

Commissioned officers in above companies '\\ ' 5g3

Total li^TM

CONFEDERATE AUTHORITIES.

861

An abstract sliowing the commencement of and the termination of service of the
volunteers of Virginia toho vjent into the service in April, May, and June, 1S61 —
Contmued.

MAT.

For what period.

Infantry.

Cavalry.

Artillery.

5^ » fc.

11!

ills

Date of
enroll-
Qjent.

g Eipira-
S. j tion of
s . term of
% service.

o t
H j

1861.
May 1

20
8
23
11
16
20
27
48
31
4
36
76
43
36
34
38
8
S6
S6
40
24
32
20
27
64
40
32
28
16

4
1
6
2
2
3
5

?
1
5
9
8
7
9
8
1
12
11
9
6
7
5
7
9
8
5
3
1

286

57
487
147
146
273
409
547
520

98
315
612
511
498
622
557

67
878
841
696
426
514
378
583
614
972
346
240

1
1

81
65

387
130
51U
212
330
463
559
934
631
102
687

1.436
747
642
65«
730
136

1,061

1,105
789
450
614
398
610

1,092
719
572
524
256

1 1862.
5 I May 1
2 1 Mo^ .1

Mav 4

ao :. .;..

Mav 5

6
3
4
5
7

12
8
1
9

11
9
9

10
2

Mav 5

May 6

May 6
May 7
May 8
May 9

May 7
May 8
May 9
May 10
May U

168
99

1
2
2

71
123
120

3
1

219
80

May 11
May 12
May 13
May 14
May 15
May 16
May 17
May 18

Mav 19

May 12
May 13
May U
May 15
May 16
May 17
Mav 18
May U

3
7
2

246
508
107
51

1
3

240

.....do

1
1
2

1
1

52
61
127
72
S3

May 20

Total for Mav

11 ; May 20
14 ! May 21
10 ; Mav 22

May 21
May 22
May 23
May 2«
May 25
May 26
May 27
May 28
May 29
May 30
May 31

136

6 : May 23
8 ! May 24
5 ! May 25

7 Mav 2G

5
2
3
2

280
107
194
123
58

134

16
10
8

Mav 27
May 28
May 29
May 30
May 31

2
2

133
126

914

168

12,326

2,411

1,835

17,482

231

KECAI'ITULATION.

168 in&ntry oompaniee 12,326

38 eavalr}- companiee 2,411

25 artillefy companies . 1.835

231 oomiHuiies 16,572

Officers in above companies 914

Total 17,486

862

COHRESPONDENCE, ETC.

An abstract showing the commencement of and the terminatuni of service of the
volunteers of Virginia who went into the service in April, May, and June, 1861 —
Continued.

JTJNE.

Date of
enroll-
ment.

Per what period.

1861. ;
June 1 ;
June 2
June 3 I
June 4
Juno 5
June 6
June 7
June 8
June 10
June 11
June 12
June 13
June 14
June 15
June 16
June 17
June 18
June 19
June 20
June 21
June 22
June 23
June 24
June 25
June 26
June 27

One year .
do

-do.

do..

.do..

do..

do.

... do

do .

do.,

do.

do..

do.,

do.

Total for June.

Infantry. Cavalry.

sog

273
493
472
222
337
288
131
2G3
366
127
181

596
109
144
105
256
327
371
389
115
57
143

109

72
109

Artillery.

S_5

1st

3 a.-

in s 1-

174

59
'261

161

109

"58

874
289
583
550
306
488
304
201
390
599
135
193

74
630
117
152
113
334
339
597
457
199
295
152

62
209

8,622

118

Expira-
tion of
term of
service.

1862.

June 1

June 2

June 3

June 4

June 5

June 6

June 7

June 8

Juno 10

Juno 11

Juno 12

Juno 13

June 14

June 15

June 16

June 17

June 18

June 19

June 20

June 21

June 22

June 23

Juno 24

Juno 25

June 20

June 27

EECAPITULATION.

91 infantry companies 6,469

12 cavalTy companies 689

15 artillery companies 997

118 comi)anies 8,155

Oificers in above companies 467

Total 8,622

GENERAL KECAPITULATION.

Date of
enroll-
ment.

1861
April...
May.
June.

July .

For what jieriod.

One year .

lio

do....

do.-..

683
914
467

Total 2,068

For the war ] 16

Regulars , 16

Total 2,100

Infantry.

134

168

394
4
4

402

Cavalry.

9,993
12, 326
6,469

28, 866
297
293

9,456 I 78

1,935
2,411

5,035

Artillery.

1,173

1,835

097

-e

p.
S
o

°-z

13,784

177

17,486

231

8,622

118

a 82

39,974 527
313 i 4

309 I 4

4, 005 40, 596 I 535

Expira-
tion of
term of
service.

1862.
April.
May.
June.
July.

a Enlisted for active service 29th of April, 1861, and mustered in July 11 for one year.

CONPEDKRATE AUTHORITIES. 863

394 infantry compaaies for one year , 28,866

78 cavalrycompanies for one year 5,035

55 artillery companies for one year , 4,005

527 companies 37,906

Commiasioned oliicers in above companies 2 068

Total officers and men (whose time expires in April, May, and June, 1862) 39, 974

4 infantry companies for the war, including officers 313

4 infantry companies, "regulars" 309

535 companies. Total officers and men 40, 596

Respectfully submitted in compliance with the resolution of the
House of Delegates of Virginia.

HENRY HILL,
Paymaster- General of Virginia.
Paymaster-General's Office,

Richmond, Va., Janvury 18, 1862.

Note. — The Wise Legion and Floyd's brigade, all of whom are Vir-
ginia troops, are not included in the above abstract, for the reason
that they were commissioned by the Confederate Government, and
not paid to the 30th of June, 1861, by the State of Virginia. No
returns having been made to this oflBce of said troops, I have no means
of ascertaining their exact strength. Nor does the above abstract
embrace the field and staff ofllcers of volunteers or the provisional
officers of Virginia. There are known to be some three companies of
volunteers yet unpaid; said companies failed to make their returns,
notwithstanding the strenuous efforts of this office to that end. There
may be other companies in a like condition.

[January 20, 1862. — For Lovell to Benjamin, in relation to the
importation of saltpeter and powder, &c. , see Series I, Vol. VI, p. 813. ]

[January 22, 1862. — For message of Jefferson Davis, in relation to
an act authorizing the organization of a regiment of volunteers for
the protection of the frontier of Texas, see Series I, Vol. LIII, p.
770.]

Executive Office, January 2Z, 1862.
To the Congress of the Confederate States:

After mature consideration of the bill to encourage the manufac-
ture of small-arms, saltpeter, and of gunpowder within the Confederate
States, I felt constrained to return it with the following statement of
objections: By its provisions the bill deprives the Executive of the
discretionary power to protect the Government against unnecessary
or improvident contracts, and confers upon individuals who maypro-
po.se to furnish to the Government any of the supplies enumerated the
right to demand that their proposition shall be accepted, and that 50
per cent, of the amount proposed to be invested shall be paid from
the public Treasury without any other condition than that the person
making such proposition shall have actually expended in the prosecu-
tion of the proposed work one-fourth of the capital to be invested in
it, and that his undertaking shall not be, in the opinion of the Secre-
tary of War, visionary or impracticable, or at points too remote for the
ad vantage of the Confederacy. As an example of the disadvantageous
operation of the bill herewith returned, the attention of Congress is
called to the contemplated case of the manufacture of gunpowder. Our

864 COUKESPONDENCE, ETC.

present necessity is not for an increase of powder mills, but for a supply
of the material for the manufacture of gunpowder. The mills now in
existence, and which could be readily put to work, far exceed in
their capacity to manufacture our ability to supply the requisite
material. Yet under the operation of this bill it would follow that
any one who should propose to establish a powder mill upon unob-
jectionable locality, and that he had invested one-fourth the capital
to be employed, would be entitled to claim an advance equal to 50 per
cent, of that amount for a work which the Government did not
require, and which, as there is no limitation of time for the fulfillment
of his contract, could not be pronounced visionary or impracti-
cable. The power already exists to make advances equal to 33^ per
cent, on contracts for arms or munitions of war, and experience has
not shown that any larger advance is necessary to stimulate the
undertaking of such contracts; on the contrary, it has not yet been
found necessary in a single instance to make advances to the full
amount now permitted by law. The requirement of the bill that
liberal profits shall be granted and an extraordinary advance be made,
coupled with the absence of any Executive discretion to refuse any
contract proposed for the supplies mentioned in the bill, would inevi-
tably expose the Treasury to heavy drafts from the class of speculat-
ing contractors.

I regret that these features of the bill compel its return, as some of
its provisions would be valuable adjuncts to existing legislation in
enabling the Government to aid in the establishment of manufactures
of arms and the creation of artificial saltpeter beds.

JEFFERSON DAVIS.

LIncloaare.]

AN ACT to encourage the manufacture of small-arms, saltpeter, and of gun-
powder within the Confederate States.

Section 1. The Congress of the Confederate States of America do
enact, That every person who shall propose to establish, put in oper-
ation, and carry on a manufactory of small-arms within the Confeder-
ate States for making small-arms suitable for the Army of the
Confederate States; and every person who shall propose to establish,
put in operation, and carry on a manufactory of gunpowder within
the Confederate States suitable as ammunition for the Army of the
Confederate States; and every person who shall propose to establish,
put in operation, and carry on a manufactory of saltpeter within the
Confederate States, who shall submit to the Secretary of War his
proposal or proposals, in one or more of these respects, with a state-
ment of the amount proposed by him to be so invested in said under-
taking or undertakings and of the extent and plan of his undertakings,
and who shall produce satisfactory evidence to the Secretary of War
that he has actually expended in the prosecution of the proposed
work one-fourth of the capital proposed to be invested therein, shall
be entitled, unless the Secretary of War deem such work visionary or
impracticable, or at points too remote for the advantage of the Con-
federacy, to receive at such times and in such amounts as may be
required for the construction and operation of such works, as an
advance from the Treasury, a sum equal to 50 per cent, on the amount
proposed by him to be so invested, to be repaid, without interest, to
the Confederate States, from the first merchantable article manu-
factured, at such price as shall be agreed upon and stipulated for
before or at the time of such advance by the Secretary of War and
the other contracting party, said price to be such as shall be suf-

CONFEDERATE AUTHORITIES. 865

fleient to afford the manutacturer a liberal profit upon the probable
cost of production : Provided, however, That no such advance shall
be made until the party applying therefor shall enter into bond and
security, to be approved by the Secretary of War, or by some one
appointed by him to take and approve said bond. Said bond to be
in the penalty of double the amount proposed to be advanced, and to
be conditioned to the effect that the principal obligor shall well and
truly, and by a certain time, to be named in the bond, proceed to
erect, complete, and put into effective operation the manufactory pro-
posed; that he will expend the sum proposed for these purposes; that
he will appropriate the money advanced by the Government to such
purpose, and to no other use or purpose; and, as far as practicable,
will keep the said property insured, and that he will repay the same
from the first merchantable article manufactured until he shall fully
repay to the Confederate States, in the article and at the price stip-
ulated for, the sum advanced: And provided further, That no such
advance shall be made until the party applying therefor shall sub-
scribe a written oath indorsed upon the back of said bond, which
may be administered by any person competent to administer oaths,
that said advance is asked for the purposes specified in this act, and
for no other, and that he or they will so apply said funds which may
thus be advanced. And a willful and corrupt violation of this oath
shall be deemed perjury, and punishable by imprisonment for not less
than three nor more than ten years.

Sec. 2. The Congress do further enact. That the Secretary of War
may, at his discretion, in anticipation of the erection of such manu-
factory or manufactories, enter into such further contracts with the
persons proposing to establish the same, for the thing to be produced,
as shall comport with the then present or prospective wants of Gov-
ernment, and may or may not, at his discretion, require security for
the performance of the same ; but no advance or prepayment shall be
made on such last-mentioned contracts. And contracts made under
this section of this act shall be such as may afford the manufacturer
a liberal profit on the probable cost of production.

Sec. 3. The Congress do further enact, That in case of the destruc-
tion of any such manufactory of gunpowder, without the negligence
or fault of the owner, before the repayment to the Government of
the advance made by it under the first section of this law, the owner
shall be excused from the further performance of such contract, save
so far as he may be able to perform his contract with the property
remaining, or from the manufactured article on hand at the time of
and saved from such loss. ,

Sec. 4. The provisions of this act shall apply to cases of enlarge-
ment of manufactories of small-arms, gunpowder, and saltpeter, now
established or being established within the Confederate States, but
the advances made in such cases shall only be 50 per cent, upon the
amount proposed to be invested in the enlargement of such manu-
factory, and no now existing investment in such manufactory shall be
computed or taken into account in determining such 50 per cent.

ALEXANDER H. STEPHENS,
" President of the Congress pro tempore.

January 13, 1862.

I certify that this act passed the Congress.

•' J. J. HOOPER,

Secretary.

55 R R — SERIES IV, VOL I

866 CORRESPONDENCE, ETC.

[Januaky 22, 1862. — For message of Jefferson Davis, in relation
to "An act to provide for raising and organizing, in the State of Mis-
souri, additional forces for the Provisional Armj' of the Confederate
States," see Series I, Vol. LIII, p. 771.]

[January 22, 1862. — For "An act to provide for raising and organ-
izing, in the State of Missouri, additional troops for the Provisional
Army of the Confederate States," see Series I, Vol. LIII, p. 773.]

AN ACT to amend an act entitled "An act to raise an additional military force
to serve during the war,"approvedMayeighth, eighteen hundred and sixty-one,
and for other purposes.

The Congress of the Confederate States of America do enact, That
volunteers offering their service under an act entitled "An act to
raise an additional military force to serve during the war," approved
May eighth, eighteen hundred and sixty-one, may be accepted by the
President singly as well as in companies, squadrons, battalions, or
regiments.

Sec. 2. In all appointments of oflftcers raised under this act the field
and company officers shall be chosen and appointed in the manner
prescribed by the act entitled "An act providing for the granting of
bountj' and furloughs to privates and non-commissioned officers in
the Provisional Army," approved December eleventh, eighteen hun-
dred and sixty-one; and all vacancies occurring in the said offices
after the first election made under this act, as well as under the act
entitled "An act to raise an additional military force to serve during
the war," approved May eighth, eighteen hundred and sixty-one,
shall be filled by promotion according to grade and seniority, as pro-
vided in the said act of eleventh of December, eighteen hundred and
sixty-one, except in case of disability or other incompetency: Pro-
vided, however. That the President be authorized to depart from the
prescribed rule of promotion in favor of any person specially distin-
guished by his commanding general for extraordinary merit or some
signal act of militarj^ skill or gallantry.

Sec. 3. Any vacancies occurring in the ranks of companies mus-
tered into the Confederate service for three years or for the war may
be filled by volunteers, and the commander of each of said squad-
rons, battalions, or regiments, organized as aforesajd, may detail one
commissioned officer, and one non-commissioned officer, and one or
more privates from each company of his command, with the approval
of the brigadier-general of the brigade to which said squadron, bat-
talion, or regiment may be attached, to recruit men for said company,
so that the same may contain not more than one hundred and twenty-
five, rank and file; and the men so recruited shall be mustered at the
time of enrollment and shall be entitled to transportation and sub-
sistence, or commutation of subsistence, till they join their respective
companies, and to fifty dollars bounty to be paid at the time of join-
ing the same.

Sec. 4. The President be, and he is hereby, authorized to appoint
and commission persons as field officers or captains to raise regiments
squadrons, battalions, or companies, and the individuals comprising
the same shall be mustered at the time of enrollment and be entitled

CONFEDERATE AUTHORITIES. 867

to pay, transportation, and subsistence from the date of the organi-
zation of companies; but the officers so appointed by the President
shall not be entitled to any pay or allowance xmtil their respective
commands be fully organized and reported to the Secretary of War,
and said appointments shall expire if the officer appointed shall not,
within a reasonable time, not to exceed two months for a company
and four months for a battalion, squadron, or regiment, report the
corps authorized to be raised by him organized and ready for duty :
Provided, nevertheless. That every officer so commissioned for such
purpose shall receive an appointment proportioned to the force he
recruits : And provided, furthermore, That no enlistments under the
commission of captains shall be obligatory unless the number be
sufficient to constitute a company.
Approved January 22, 1862.

AN ACT to authorize the appointment of officers of artillery in the Provisional,
Army and in the volunteer corps.

The Congress of the Confederate States of America do enact, That
the President be, and he is hereby, authorized to appoint, by and with
the advice and consent of Congress, in the Provisional Army and in
the volunteer corps, officers of artillery above the rank of captain,
without reference to the number of batteries under the actual com-
mand of the officers so appointed, not to exceed in number, however,
one brigadier-general for every eighty guns, one colonel for every forty
guns, one lieutenant-colonel for every twenty-four guns, and one
major for every sixteen guns.

Approved January 22, 1862.

A RESOLUTION in reference to the arms of the volunteers for twelve months.

Resolved by the Congress of the Confederate States of America, That
the military exigencies of the Confederate States render it absolutely
necessary that the arms of the volunteers now in the service should
be kept within the control of the President of the Confederate States;
so that whenever the present volunteers shall be discharged from
serA'ice the arms may be placed in the hands of others.

Approved January 22, 1862.

Wednesday, January 22, l<Sf)&

SECRET SESSION.

Congress being in secret session, the chair presented a communica-
tion from the Governor of Virginia, which was read, and is as follows,

to wit :

Executive Department, January SO, 186^.

Gentlemen op the Provisional Congress:

In conformity with a request of the General Assembly of the State of Virginia
I transmit to you joint resolutions, relative to the jurisdiction of Virginia,
adopted by the Senate on the 16th instant, and by the House of Delegates on the
17th instant, as certified in due form by the clerks of the respective bodies.

JOHN LETCHER.

*From Journal of the Provisional Congress.

868

JOINT RESOLUTIONS.

Whereas, the public enemy, invited by domestic foes, being in power within
some of the connties of Virginia, where they are confiscating the property of
loyal citizens and otherwise oppressing them in cruel manner ;

And whereas, the traitors there, contemplating a division of this time-honored
Commonwealth, with the aid of this public enemy, have set up a pretended gov-
ernment over the same, which, under the force of circumstances, could not be
prevented by the timely sending of an adequate military force ;

And whereas, the Legislature desires to reassure all loyal citizens throughout
the Commonwealth of their desire and intentions to protect them : Therefore,

Resolved by Hie Senate and House of Delegates, First. That in no event vsrUl the
State of Virginia submit to or consent to the loss of a foot of her soil ; that it is
the firm determination of the State, and known to be that of the Confederate
Government, to assert and maintain the jurisdiction and sovereignty of the State
of Virginia, to the uttermost limit of her ancient boundaries, at any and every
cost.

Second. That the Governor be requested to present a copy of these resolutions,
properly certified, to the Provisional Congress now in session, and to the perma-
nent Congress, to convene on the 32d of February, for their approval.

Agreed to by the Senate, January 16, 1863.

SHELTON C. DAVIS,

Clerk Senate.

Agreed to by the House of Delegates, January 17, 1863.

WM. F. GORDON, Jr.,
Clerk House of Delegates.

Mr. Rhett offered the following resolutions; which were read and
agreed to, to wit :

Resolved, That Congress heartily approves of the resolutions passed by the
Legislature of Virginia, expressing her determination to vindicate the integrity
of her ancient boundary, and pledges all the resources of the Confederacy to
uphold her determination.

Mr. Rhett moved that a copy of the foregoing resolution be served
on the Governor of Virginia to lay before the Legislature.
The motion was agreed to.

Virginia Centrai. Railroad, President's Office,

Richmond, Va., Jamiary 22, 1862.
Hon. J. P. Benjamin,

Secretary of War :
Dear Sir: A convention of a number of railroad companies of the
Confederate States held in this city on the 19th ultimo for tlie purpose
of devising a plan for procuring supplies, appointed a committee to
get information for the advancement of that object. Understanding
that the Government was engaged in similar inquiries in reference to
its wants, they were instructed to communicate with the Department
having charge of that subject with a view to co-operation. At a meet-
ing of the committee held this evening D. T. Bisbie, esq., read a com-
munication which he designed presenting to you, containing some
suggestions, the result of recent experience. * I am requested by the
committee to say to you that they were very favorably impressed with
the scheme of Mr. Bisbie, as far as it was developed, and, not commit-
ting themselves without further reflection, they recommend it to your
consideration.

Very respectfully,

E. FONTAINE,

Chairman.

*See Bisbie to Benjamin, January 16, p. 843.

CONFEDERATE AUTHORITIES. 869

[January 22, 1862. — For Polk to Beii.iamin., in relation to re-enlist-
ments for the war, see Series I, Vol. VII, p. 846.]

[January 22, 1862.— For Polk to Pettus, suggesting an additional
force of at leasst 30,000 men on the Kentucky frontier, &c., see Series
I, Vol. VII, p. 846.]

[January 23, 1862. — For message of Jefferson Davis, in relation to
"An act to provide for raising and organizing, in the State of Mis-
souri, additional troops for the Provisional Army of the Confederate
States," see Series I, Vol. LIII, p. 774.]

AN ACT to authorize the President to call upon the several States for troops to
serve for three years or during the war.

The Congress of the Confederate States of America do enact. That
the first section of the act of March sixth, eighteen hundred and
sixty-one, be, and is hereby, so modified as to authorize the President
to call upon the several States, in his discretion, for any number of
troops not exceeding in the aggregate the number heretofore author-
ized, to serve for the term of three years or during the war.

Sec. 2. In making such requisitions the President shall take into
consideration the number of troops from each State already enlisted
for the war at the time of the requisition, and shall, as far as practi-
cable, equalize the same amongst the States according to their respec-
tive white population.

Approved January 23, 1862.

AN ACT to reorganize the militia.

Section 1. Beit enacted by the Senate and House of Representatives
of the State of Louisiana in General Assembly convened, That the mili-
tia of the State of Louisiana shall be composed of all the free white
males capable of bearing arms residing in the State, and are eighteen
years of age and not over forty-five, and who are not exempt under
this law.

a: i^ iti * * * *

Sec. 78. Be it further enacted, &c.. That all laws conflicting with
the provisions of this law be, and the same are hereby, repealed, and
that this law shall not have force and effect until the fifteenth day
of February next.

Approved January 23, 1862.

Confederate States of America, War Department,

Bichmond, January 2^, 1862.
The President:

Sir : I have the honor to submit herewith the report of the chief of
the commissariat of the Army, in response to the resolution of the
Congi-ess of the 11th instant, passed in the following words, viz:

Resolved, That the President cause to be communicated to the Congress the sev-
eral localities in the Confederate States where pork and beef are being packed for
the Government, and what flour and other provisions have been purchased and

870 CORRESPONDENCE, ETC.

collected for the use of the Army, and the names of the agents employed for the
purpose of purchasing and preparing said provisions, specifying the localities
where each agent is employed and what instructions have been given said agents
as to prices to be paid for the same.

This report, together with the accompanying exhibits, show more
fully even tlian is called for by the resolution the manner in which
the contracts for the Army supplies have been made and their result.
They demonstrate the gratifying fact that the supplies have been pro-
vided with such foresight, energy, and prudence as to have cost the
Government far less than could reasonably have been expected, and
far less than they would now cost if the contracts had not been made,
I am, respectfully, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

[IiicloHurn.]

Confederate States of America, Subsistence -Deft.,

Richmond, Va., January 18, 1862.
Hon. J. P. Benjamin,

Secretary of War Confederate States of America :

Sir: I have the honor to acknowledge the receipt from you of a copy
of the resolution of Congress dated 11th of January, 18G2, to wit. *

The current indispensable business of this office and the compre-
hensive nature of the resolution has caused delay. The papers here-
with submitted, being "Abstract of purchases and returns of pro-
visions,"! "Abstract of engagements of salt beef and bacon," marked
B; copy "Contract of Wilson & Armstrong," marked C;J: copy
"Contract of Haxall, Crenshaw & Co.," marked D;t and Maj. F. G.
Ruflfin's report, marked E, will, as far as practicable, fulfill its require-
ments. This Bureau has been conducted on the principle that the
essential duties of its chief are to ascertain and to anticipate the pres-
ent and future wants of the commissariat in general and particular;
thei-eon to apply to the Secretary of War for the means, and to appoint
the agents deemed most competent to accomplish these objects; then
to effect them. On commencing the organization in Montgomery it
was known that supplies, especially of salt meats, could not be obtained
to an adequate extent except in the enemy's country. Accordingly
appropriate steps were taken to reach them. The stores of bacon and
pork thus acquired, at a cost to the Government of much less than
one-half the current rates, are still being issued. In considering the
question of a future supply of salt meats the inapplicability of the
rules of purchasing prescribed by the Army Regulations was as obvi-
ous as the difference between peace and extensive fields of supply on
the one hand and revolution on the other. Under existing circum-
stances an absolute deficiency of pork in the Confederacy added to
the contrast. To meet this vital necessity and the competition that
was inevitable only one way was open; that was to anticipate its oper-
ations and contend with its development. This was detennined on,
and arrangements were initiated early in July. In the middle of
August certain papers were sent to me with directions to return them
with my remarks in relation to their respective contents. After dis-
posing of the subjects included I closed my communication with this
paragraph :

The real evil is ahead. There are not hogs in the Confederacy sufficient for the
Army and the larger force of plantation negroes. Hence competition must be

* Embodied in Benjamin's letter, next ante. f Not found. i Omitted.

CONFEDERATE AUTHORITIES. 871

anticipated by arranging for the purchase of the animals and getting the salt to
cure them. Furthermore, beeves must be provided for the coming spring.
Cattle mu&l be collected from Texas before the rains set in, and be herded in
ranging grounds convenient to the Mississippi. I am arranging for these matters.

Though not — so far as packing and curing was involved — in accord-
ance with the rules prescribed by the regulations for purchasing sup-
pi ies, the War Department concurred in these views, and they have
l)een prosecuted vigorously, to make use of the whole season and
withdraw the products as soon as possible from the hostile front along
which they have been prepared.

The abstract of contracts and the statement of Major RufBn thereon,
from the data which we had collected, exhibit the nature of the oper-
ation. The responsibility of recommending it and the expenditure
of such large sums — the products being necessarily laid so near the
enemy's lines — has been heavy and is the best guarantee that every
plan of meeting the necessity that was on us had been carefully con-
sidered. There appeared no alternative. The existing establishments
and the experts best adapted to securing the end had to be employed
in the interests of the Government, or to be its antagonists. Among
the agents there was one exceptional case, whose action having long
ceased, and the entire results of it been taken off the hands of the
Government before its extent was known, his name does not appear,
but the correspondence is on file in the department. Serving without
compensation, and not intended for any sijecific action, he was not
appointed by the War Department as other agents are. The follow-
ing is in relation to him : To begin operations in Kentucky I proposed
to a gentleman of that State, of large fortune and above all suspicion,
to make a tour and urge the farmers of Southern feelings to hold their
hogs for the Government. On his making favorable reports I asked
him to see about arrangements for a packing-house for receiving the
hogs and curing the meat. On the 23d of October he reported that
he had made a conditional contract for the packing establishment at
Clarksville at a rent of $8,000. The alternative pi-esented to me was
to permit competition in an important position and lose results hoped
for from Kentucky, or accept. The rent seemed extortionate, and I
paused for information.

In the meantime Mr. R. T. Wilson, with whom contracts had been
made to purchase and cure meat in Kentucky and Tennessee, came
to Richmond shortly after this proposition was presented to me and
agreed to go to Clarksville and hire the house himself, believing that
it was important to secure it for his operations in Kentucky, accept-
ing on the private account of himself and company the action of this
preliminary agent.

It subsequently appeared that before this was done the conditional
contract had been disputed and $10,000 absolutely demanded by the
owners, and had been yielded. But the matter had passed from the
hands of this department. Whether better could have been done or
not thus becomes immaterial, but I must defend this disinterested
agent. General A. S. Johnston seems to find the securing of that
establishment and the packing arrangement of this department oppor-
tune, for he has directed the products at Clarksville to be transported
to Bowling Green, and ordered the agents from Nashville to slaughter
and cure from 5,000 to 8,000 hogs at the latter place as a reserve for
his army.

I proceed to another subject. All subsistence stores that are allowed
to the Army have to the fullest capacity of our country been obtained,

872 COREESPONDENCE, ETC.

and no essential supplies have ever failed to be ready for transporta-
tion when and where required, timely notice having been given to
this department. It is known to the War Department that from the
time I came to Richmond I urged the opinion that the railroads would
be found unequal to the demands that soon would be made on them
and that subsistence stores must sometimes fail to reach their destina-
tion. This terminated my duty, but not my apprehensions. Fre-
quently I have had occasion to make such representations. To illus-
trate it, sugar is now needed in the camps, and there are invoices here
of thirteen diiferent shipments from New Orleans of near 1,400 hogs-
heads on the way, starting from November 27 onward, and stores have
been on the road from Nashville from one to three months. On the
12th fifty barrels of pork arrived that were shipped on the 22d of
August, 1861. In this communication I referred previously to papers
sent to me in the month of August, with directions to make remarks
thereon. I advert again to them.

One of those papers contrasted the prices of flour at Manassas with
that sent from Richmond, leading to the inference that purchasers
here could be so foolish or so criminal as to pay 75 per cent, more
for equal grades. The facts are, that the flour sent from here was
worth from $1.50 to $2 more than similar grades of country flour.
This difference is fixed by market prices. Second. That that flour,
though sent in the month of July to Manassas, and according to
department rule invoiced at actual cost, had been bought in the month
of May, long before I came to Richmond and without the possibility
of my knowing anything of it. The resolution of Congress covers all
provisions that have been purchased. A large class of accounts have
been contracted by officers conducting troops from places of rendez-
vous and enrollment. Third. Other commands for whicli preparations
of cold provisions had been made have, by delay on the roads, been
provided on those occasions by special purchases absolutely necessary,
generally economical. None otherwise have been observed. Another
class of accounts have been tavern bills, which have in almost every
instance been rejected, and none paid but extreme cases of a very
special nature, from which no precedent could be deduced. It may
safely be affirmed that troops thus rapidly assembled from remote
points could not have cost less for subsistence en route.

Referring to the papers accompanying,

I am, sir, very respectfully, your obedient servant,

L. B. NORTHROP,
Commissary- General of Subsistence.

[Sub-incloauro.]

Confederate States of America, Subsistence Dept.,

Richmond, January — , 1862.
Col. L. B. Northrop,

Commissary- General of Subsistence:
Sir: By your instructions I proceed to submit the following report
on the purchases and contracts made by this department:

salt meats.

The supply of salted meats was that which the department felt
most solicitous to secure. Provisions of that kind have been hereto-
fore mainly sent to the South from States now foreign to us, or the seat
of active hostilities. Reliance on that was out of the question after

CONFEDEEATE AUTHORITIES. 873

the amount that could be got early in the war had been obtained. In
the packing season of 1860-61 upward of 3,000,000 head of hogs were
packed at the various porkeries of the United States, besides those
packed by farmers at home; of which less than 20,000 were packed at
regular establishments south of the lines of our armies. Of this
whole number experts estimate that the product of about 1,200,000
hogs was imported in the early part of the last year from beyond our
present lines into what is now the Southern Confederacy. This was
accomplished, and to the extent of a bountiful supply, by the action
of State authorities in some cases, by the enterprise of private par-
ties, and by this department through agencies of its own. Of this
number it is estimated that about 300,000 hogs, in their bacon equiv-
lent, have been consumed by our State and Confederate armies since
the commencement of hostilities.

Tennessee then became the main reliance for a supply for the future
use of the Army, which, together with the accessible portions of Ken-
tucky, had been so ravaged by hog cholera and injured by short corn
crops for three years preceding the year just closed that the number
slaughtered at the porkeries had dwindled from 200,000 head to less
than 20,000. It was into this field, just recovering from these disas-
ters, and almost the sole resource of the Army, the planters, and the
inhabitants of cities, that this department had to enter as a pur-
chaser— dubious of a sufficiency, but assured of a heavy and active
competition. If, when the pi-ice of hogs was only 6 to 7 cents per
pound gross in the South, it had been the custom of many planters to
buy the live-stock from the drovers and put up their own supplies,
drovers would of course take hogs to them when the price was double,
and supplies thus diverted could never come into army consumption.
But besides this loss, what would have gone into commercial hands
would also have been open to the planters' bids, and must have been
lost to the Government or secured at exorbitant prices. Now, if the
usual mode had been adopted of obtaining supplies by bid and con-
tract, it is obvious that, as each speculator or packer could operate
most profitably on a theater of scant supply, and contracts under
that system could not have been awarded to all, those who failed to
get contracts would have made as much, if not more money, by spec-
ulating against the Government than by working for it. This state
of things would have wrought the double effect of raising prices upon
the Government and preventing its full supply, and the latter would
have been disaster, if not ruin. To prevent this it was necessary to
combine all the packers in the interest of the Government, and to
accomplish that it was necessary to offer them a fair and liberal com-
pensation, placing all upon one footing. Such compensation, it was
clear, they would have at any rate, and in most cases without the
outlay of capital in buildings and fixtures which their undertaking
for the Government would require. This compensation, though lib-
eral, was not exorbitant, and in view of the uncertainties of the
times was not more than ought to have been offered. It was paid in
kind and in a class of products perishable in their nature, for which
the Government had no use, and by the sale of which, on a large
scale, it could have made little or nothing. It will be fully under-
stood by reference to the contract with Wilson & Armstrong, here-
with inclosed, marked C,* and given as a sample of all contracts on
the same subject-matter.

* Omitted

874 CORRESPONDENCE, ETC.

The omy danger would be that under the stimulus of gain the con-
tractors might compete with each other and so run up prices. This,
however, was partly prevented by the practical difficulties of the
undertaking, such as the impossibility of obtaining cooperage for
unusually large quantities of lard and the risk of preserving offal. It
was further endeavored to be provided against by districting the coun-
try, as far as an imperfect knowledge of its agriculture would permit,
assigning each contractor to certain limits. But even if such compe-
tition has existed, its effect has certainly been to secure more bacon to
the Government and at lower prices than the opposite system could
possibly have brought; and the main object was to se(!urc a full supply,
cost, however important, being secondary to that. Tliat object is
accomplished. The number secured is about 250,000 liead of unusu-
all3- large hogs, including some 20,000 which have been obtained from
Kentucky within the Federal lines by Government agents, acting
Tinder the instructions of this department, at much risk and with
occasional losses to those undertaking it. The above number is
increased bj' others obtained at other points and mostly on similar
terms, as may be seen by reference to the abstract of pixrchases of hogs
and beeves herewith transmitted.

At Thoroughfare, in the rear of Manassas Junction, a packing estab-
lishment has been put in operation on Government account and the
same has been done in Richmond, and at each of those points every
product is saved to the Government, because it either finds ready sale
or prompt and grateful consumption by the Army. The management
of this important work has been intrusted to agents under official
bonds, or under contracts secured by bonds. To these the money has
been advanced as needed, when it could be obtained from the Treas-
ury, and while no greater advance has been made than necessary no
greater risk has-been incurred than the usual confidence reposed in
officers of the Army disbursing large sums of money. It is due to the
patriotism of these agents to say that in several cases when funds
were scarce they have freely advanced both their funds and credit to
their respective trusts. Thus Wilson & Johnson and Wilson & Arm-
strong have advanced at various times about §520,000, J. If. Craig-
miles and J. F. Cummings, respectively, 1878,878 and $2,204,077, and
all these have strained their credit to its utmost tension to ease the
strain upon the Treasurj'; others have assumed obligations of the
same character. These agents were severally instructed to set the
price, first at 6, subsequently at 8 cents per pound, and if these prices
would not secure the hogs, then to give such as would do it, but in no
instance to go higher than was absolutely necessary. Under these
circumstances prices have ranged from 6| to ll^ cents, the latter in a
few cases, and of late they have receded from these figures. These
prices have been high, but the rate of rise is not greater than in other
kinds of produce of prime necessity and scant supply, and not as great
if the greater scarcity be considered. They could not have been kept
lower except by a military order prohibiting exportation. Such an
order was applied for, but refused, to the great enhancement of prices.
In other cases it became necessary to get military authority to enforce
contracts against numerous parties to whom higher prices had been
conceded on contracts for lower rates, but who were only emboldened
by such concessions to make still higher and more dishonest demands.
The compensation of these agents has been in kind — as when they
assumed the character of agent and contractor — or in money alone
which has occurred in two cases, and in both these the rate is $500 per

CONFEDERATE AUTHORH'IES. 875

month for the time of service, being a much less sum than could have
been made by the same parties operating on private account.

If frauds have been committed under this system they have not
been heard of except in rumora, which, upon investigation, have either
failed or declined to assume a proper accusatory form, or in the hints
and insinuations of scandal or slander. The' whole course of the
department in obtaining its supply of hogs has been guided by the
iwlicy disclosed in the above. To complete the supply of salted
meat, beef has also t»een engaged, to be packed at different places,
stated in the accompanying paper, marked B, at prices adapted to the
various localities. The establishments at which this work is done
ai-e all under the charge of agents (or, in cases where the amount
packed was deemed too small to justif}' the appointment of an agent,
it is intrusted to the parties themselves) who ai-e under bonds to fur-
nish a merchantable article. Further contracts will ha made, or
existing contracts extended, so asto insui-e enough l)eef to subsist the
tixx>i)s until the i-eturning summer shall again affoi-dan abundance of
fi"esh beef. The different agents and contractors have been instructed
to put as much of this beef as was practicable into barrels or tierces,
but it has been impossible to put it all into such packages. Cooper-
age is scarce and high, and enough coopers cannot he had at any
price to make the requisite number of barrels. To meet this diffi-
culty the packers who are convenient to the diffeivnt forces have
been instructed to iise boxes in which the beef, after having been brined
in the usual way, is salted down and directed to be distributed for
speedy consumption. The plan has now been tried sufSciently to
prove its efficacy, and if timely transportation can be had there is no
doubt of its success. The barreled beef will be kept for later con-
sumption and moved as fast as prepared, and when transportation
can be had, either dii-ect to its destination or to secure depots for
futui-e consumption and distribution. The bacon will be reserved,
as far as can be, for summer and fall supply. The price paid for this
beef has vaiued, according to locality and the condition of the animal,
fixjui 3i to 4i cents gross per pound, averaging less than 4 cents, and
will go higher as the season advances. The contractors and agents
have been instructed in their purchases to consult economy up to the
limit of fair market rates, and never to exceed them. The compen-
sation has been the fifth quarter, as it is called, which was the usual
buteliers' profit from time immemorial. In the case of R. A. Porter,
of Louisiana, it is different, l>ecause he had to erect, upon short
notice, an immense establishment, and had to furnish his own salt
and cooperage, and his hides, requiring a larger amount of salt to
preserve tlieni, would yet bring less tlian those nearer to the manu-
facture i-s. His compensation, therefore, has been appareutlj- increased
by li cents per hundredweiglit gross. Still the beef cui-ed by him
will not amount to 10 cents per pound laid down at Memphis, a far
less sum than it can be had for in the general market. Tlie depart-
ment has establishments of its own of this kind at Richmond and
Thoroughfai-e, erected for the same reasons and conducted on the
same principles as for hogs at the same places.

FRESH BEEF.

Whenever it has l>een practicable the commanders of the different
forces have not been interfered ^vith in obtaining fresh l)eef in their
several Iwunds. As a general rule, local officere can make such pur-
chases as well as this department, and ^vith more satisfaction to the

876 CORRESPONDENCE, ETC.

generals. It is so difficult to control commissaries who are under the
special orders of such officers that it has not been attempted except
when deemed advisable in special cases, and it has been compelled
to let these purchases rest upon the administrative responsibility of
the commanders. All that has been done in such cases has been to
approve the contracts made by such commissaries as have submitted
them to this department. As in some cases this has not been done,
and the purchases made have only appeared through returns of com-
missaries to this office, a statement of such contracts as have been
submitted is not given, since it might mislead as to the quantities of
provisions that have been or are being purchased. But where the
commands had to be supplied from a distance, or where, from the
vast size of the force or the probable conflict of purchase among the
commissaries of different commands, difficulties might aris.3, a differ-
ent course has been pursued; officers or agents of the department
have been appointed or detailed, and they have been instructed to
furnish by direct purchase and through such sub-agencies as they
might deem necessary, in districts geographically prescribed and
where they were the sole purchasers, the proper number of beef-
cattle at their appointed depots. General instructions have been
given to all these parties to discourage speculation by refusing to
buy at second-hand whenever practicable, but no minute instructions
were necessary in these cases from the character of the officers and
agents and their thorough acquaintance with tlieir duties. Wherever
that has been done the price of cattle has been kept at a moderate
rate and arrangements have been made with more or less complete-
ness and celerity, as the exigencies of the ease or of public business
would permit to save to the Government all or a very large share
of the profits of the fifth quarter. The prices in these cases have
varied from 3 to 4^ cents per pound gross. The agents thus specially
employed are Maj. B. P. Noland, of Loudoun, for the district that
feeds Manassas and Fredericksburg; Mr. William M. Tate, of
Augusta, for the district that feeds Richmond and the Peninsula;
Mr. C. L. Snyder, of Roanoke County, commissary agent, and Mr.
T. J. Iligginbotham, of Tazewell County, for Southwestern Virginia;
Mr. William Falconer, of Petersburg, for Norfolk City, and Mr. R. T.
Wilson, of Loudon, Tenn. In one or more eases some of these
gentlemen have found it necessary to employ sub-agents.

FLOUR.

Want of money has prevented such contracts for flour as would have
secured contracts for the whole year when wheat was low. In the
absence of funds it was necessary to attempt some plan by which,
after supplying its immediate wants, the department might regulate
its future prices. All that it could do in that direction lias been to
adopt a system by which its purchases could be arranged for present
and future supply on a basis which would be safe for the Government
and ought to be satisfactory to the seller. That basis was simply the
application of the universally accepted commercial law that the price
of any article not at a ruling market must be the price of that market
less cost and charges. As our ports were all blockaded different flour
marts were assumed as the points of sale and the deduction scaled by
the distance of the seller from his usual market, and all such markets
were generously put upon the footing of the best, though there had
always been a very considerable difference among them. In addition

CONFEDERATE AUTHORITIES. 877

to this it was also determined to adopt in such contracts as might be
made a sliding scale by which flour should rise with any anticipated
rise in the price of wheat, thus guaranteeing the contractor against loss
and guarding the Government against applications for relief — a most
fruitful source of corruption. The price of flour under this policy
was fixed upon the price of wheat at $1 per bushel, at which the Gov-
ernment stipulated it should commence in this market. If this
course has produced discontent it was because it was not understood,
or because parties who had wheat to sell could not comprehend that
a very abundant article must rate low in the market, whilst articles
of as much relative consumption but of absolute scarcity should
command far greater prices. This policy of the department has
been somewhat interrupted by speculation, though that is now
believed to be subsiding, but it was mainly thwarted by the want of
money and transportation, with which at command it could have
made large purchases before the rise in flour took place.

The only large contract the department has made has been with
Messrs. Haxall, Crenshaw & Co., a copy of which is herewith trans-
mitted, marked D,* and the ofl&cers and agents of this department
have been instructed to observe its principles in their own similar
transactions. As this contract has been the ground of much unjust
animadversion upon the department and the contractors, it may not
be amiss to state, in justice to the propriety of its selection and their
liberality, that where they had an admitted right to a compensation
of 86.76 per barrel they voluntarily remitted 26 cents per barrel, or
§6,500 of their claim. a

The only agents to purchase flour that it has been thought neces-
sary to appoint are Mr. James M. Ranson, of the county of Jefferson,
Va., and a party (whose name is not known because it has been very
recently determined on, and has been intrusted, for special reasons,
to Maj. B. P. Noland) for the county of Loudoun. Both these parties
have received or will receive instructions from the post commissary at
Manassas, to Avhom full authority has been given in the premises.
The other purchases of flour have all been made through regular
commissaries.

The amount of flour purchased up to this time will be found in the
abstract of purchases, sent herewith, f A resolution passed by Con-
gress at its last session directed the erection of bakeries to furnish
"well- baked bread" to troops in the field, or in lieu of that, that con-
tracts might be made for the supply of such bread. Such bakeries
have been erected wherever practicable or where the Army Regula-
tions did not provide for the case. But it was found necessary to
procure a bakery in which hard bread should be prepared, an ample
supply of that being represented as indispensable; and though these
representations were not concurred in, yet it was deemed proper to
meet this requisition, and accordingly, it being impossible to contract

a This contract, as will appear from paper marked D,* was for 25,000 barrels at
S5.35 per barrel absolutely, and 35,000 additional at the same price, and an advance
at the rate of 50 cents per barrel of flour for each 10 cents per bushel rise in wheat,
if the Commissary-General should think the rise reasonable.

Two other contracts had been previously made, each for 30,000 barrels, at $5
per barrel ; one of them with Scott & Langhorne, of Lynchburg, and one with
Mr. Warren Slaughter, of Fredericksburg. These were the first contracts made.
Had money been available a year's supply would have been attempted to be
bought.

•Omitted. + Not found.

878

for any large amount of bread, a bakery was purchased and put in
operation with complete machinery. Its full working capacity is 140
barrels of flour or 280 barrels of hard bread per day of twenty-four
hours. Since the bakery has been in operation the wants of the Army
for hard bread have decreased and there is now on hand here a stock of
2,700 barrels of hard bread and 330,000 pounds at Manassas. This
bread, made of superior flour, is cheaper by 12^ per cent, than it could
have been bought from outside parties making a very inferior article.

Sugar and molasses are purchased and only await transportation to
be furnished in full sxipply at all the camps. These articles are had
at New Orleans from first hands. Rice is being purchased under
agencies which are now in the course of completion, and it is hoped
bonds can be used exclusively in payment. In addition to the quanti-
ties of salt reported, contracts have been made with Messrs. Stuart,
Buchanan & Co., at the salt-works near Saltville, in Southwest Vir-
ginia, to secure an ample quantity of salt for army supplies and for
packing purposes. The first of these stipulates for 10,000 bushels of
salt per month, at 75 cents per bushel of fifty pounds; the second for
22,000 bushels per month, at the same price, plus the cost of bags or
barrels at the option of the manufacturers. Besides this about 40,000
bushels were purchased at Nashville at $3 per bushel, to be used in
packing pork and beef, transportation from the salt-works being
impossible. Besides the above-recited purchases or arrangements to
purchase supplies of all kinds, local commissaries at various places
have made and are making similar purchases by the direction or
under the sanction of their respective commanders, whose duty it is,
by Army Regulations, to give proper supervision in the case.

It will be observed that this department has not been conducted
on the system of contracts by bids. That system as a whole is not
approved of, though in some cases and in favorable circumstances it
may be advantageously blended with the system of purchases directly
or through agencies. But if it had been the best, as a general rule it
could not have obtained in the administration of this department in
the circumstances which have surrounded it.

Very respectfully, your obedient servant,

FRANK G. RUFFIN,
Major and Commissary of Subsistence.

Exhibit B.

Statement showing the actual and contingent number of beeves and
hogs contracted to be slaughtered, and of bacon and fresh beef
contracted to be j)urchased for and by the Commissary Depart-
ment for the subsistence of the C. S. Arm,y.

Williams & Lancaster, Bristol, Tenn., 12,000 hogs; T. J. Bretlow,
Southampton, Va., 10,000 hogs; D. Morris & Co., Morristown, Tenn.,
25,000 hogs; Wilson & Armstrong, Nashville, Clarksville, Bowling
Green, and Patriot, 66,000 hogs; Wilson & Johnson, Loudon, Sweet
Water, and State Line, 14,000 hogs; Government account, Thorough-
fare, Va., 10,000 hogs; Government account, Richmond, Va., 1,300
hogs (beef is packed at both these places); John Blacknall, Oxford,
N. C, 500 hogs; Cummings, Gilkeson & Co., Nashville, Tenn., 35,000
hogs, 6,000 beeves; Cummings & Waterhouse, Shelby ville, Tenn.,
35,000 hogs, 25,000 beeves; Chandler & Co. , Chattanooga, Tenn., 25,000
hogs, 2,000 beeves; J. H. Craigmiles, Cleveland, Tenn., 1,000 hogs;

CONFEDEEATE AUTHORITIES. 879

H. B. Henegar, Charleston, 1,000 hogs; J. M. Toole, MaryviUe, 1,200
liogs; John Grant, Muddy Creek, 2,000 hogs; C. M. McGehee, Knox-
ville, 10,000 hogs; R. A. Porter, Alexandria, Va., 20,000 beeves; C. L.
Snyder, Salem, Va., 2,000 to 3,000 beeves; D. Morris & Co., Morris-
town, Tenn., 600 to 2,500 beeves; Wilson & Johnson, Loudon, Tenn.,
1,000 to 2,000 beeves; Wilson & Armstrong, Nashville and Clarks-
ville, Tenn., 15,000 to 20,000 beeves; A. Cone, Bulloch County, Ga.,
contingent.

CONTRACTS FOR BACON.

George W. White, 1,000,000 pounds, or a sufficiency for Fort Smith
and Fayetteville, Ark., 15 cents per pound; George W. White, 500,000
to 1,000,000 pounds, to be delivered at San Antonio, Austin, Navasota,
and Jefferson, Tex., 15 cents per pound; John G. Todd, 450,000 to
650,000 pounds, Galveston, Houston, or Columbus, Tex., 15 cents per
pound; P. C. Pendleton, 100,000 pounds or more, 17| cents per pound ;
A Cone, bacon, contingent quantity, 17| cents per pound; A. Cone,
pickled pork, contingent quantity, 1.3 cents per pound; A. Cone, bulk
meat, contingent quantity, 15 cents per pound.

CONTRACTS FOR BEEF ON THE HOOF.

George W. White, all required by the troops in West Arkansas,
Cherokee, Creek, and Choctaw Nations, and as far north as Springfield,
Mo., at 6^ cents net per pound; George W. White, all required by the
troops for the coast of Texas, Corpus Christi, and all points east of it,
at 6 cents net per pound; R. A. Harvard, in Confederate bonds at
par, 8,000 to 10,000 pounds, Prairie Home, La., at 6^ cents net per
pound; Price Williams, 3,000 pounds, Mobile, Ala., at 9 cents net
per pound.

General Orders, ) War Department,

[■ Adjt. and Insp. General's Office,
No. 4. ) Richmond, January 2^, 1862.

The following regulation is published for the information of all
concerned :

FORAGE CAP FOB THE ARMT OF THE CONFEDERATE STATES.

Pattern — Of the form known as the French htpi; to be made of
cloth.

For general officers and officers of the general staff and engineers —
Dark blue band, sides, and crown.

For the artillery — Dark blue band; sides and crown red.

For the infantry — Dark blue band; sides and crown light blue.

For the cavalry— Dark blue band ; sides and crown yellow.

MARKS TO DISTINGUISH RANK.

Four gold braids for general officers, three for field officers, two for
captains, and one for lieutenants, to extend from the band on the
front, back, and both sides to the top of the cap, and the center of the
crown to be embroidered with the same number of braids.

For enlisted men the cap will be of the same pattern; the band to
be dark blue, and, as in the case of officers, the several arms of service

880 COKEESPONDENCE, ETC.

will be designated by the color of the sides and crown — red for artillery,
light blue for infantry, and yellow for cavalry. The number of the
regiment will be worn in front in yellow metal.

In hot weather a white duck or linen cover, known as a havelock,
will be worn — the apron to fall behind, so as to protect the ears and
neck from the rays of the sun. In winter in bad weather an oilskin
cover will be worn, with an apron to fall over the coat collar.

Bj' command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Military Department,

Columbia, January 26, 1862.
Hon. J. P. Benjamin,

Secretary of War:
SiK: Permit me to inquire of you whether or not the troops which
were called into service in this State by Governor Pickens in November
last, and placed under the command of Confederate officers, will be
paid by the Confederate Government. Although all the time actually
employed in the field under Confederate authority, they were never
mustered into Confederate service. Their term of service will expire
in a few days, when they will be disbanded and be called upon again
to volunteer or be drafted and put into new organizations in con-
formity with the requirements of Confederate law. Inquiries are
addressed to this department on the point submitted, and I will be
pleased to have your answer.

With great respect, your obedient servant,

JAMES CHESNUT, Jr.,
Chief of Military Department.

[January 25, 1862. — For Benjamin to J. E. Johnston, in relation
to furloughs, &c., see Series I, Vol. V, p. 1045.]

Spotswood Hotel,
Richmond, January 25, 1862.
Hon. Jeff. Davis,

President Confederate States of America:
Dear Sir: I am quite sure you will pardon me for taking this
method of continuing the subject of our conversation to-day. If any
suggestions I can make should prove beneficial to the Government or
satisfactory to you, I shall be thankful that I have been of some serv-
ice to my adopted country. If useless I shall regret troubling you
with them. First, as to the economical and speedy transportation of
Government troops and freight. The more reflection I give the sub-
ject the better am I satisfied that written contracts should be entered
into with the several railroad companies of the Confederacy for the
transportation of Government troops, munitions of war, and supplies,
stipulating the price to be paid to each company, and that Govern-
ment freights should have preference over all others as to time of
transit, and that the Government trains should run day and night.

CONFEDERATE AUTHORITIES. 881

I would also Stipulate that if the Government should supply its own
cai's, they should be transported at a certain rate per mile with their
loads of not exceeding 16,000 pounds. If a greater weight is con-
tained in a car, the excess to be paid for at a price to be agreed upon,
and these cars to have preference over all other freight cars as to time
of transportation. I would also suggest that one, two, or three gen-
eral freight agents be appointed in difterent sections of the Confed-
eracy as superintendents of Government transportation, and to see that
the conditions of the contracts were complied with, and that these
general agents should have power to select messengers to travel with
Government trains to prevent delays and secure speedy delivery.
These messengers to grant to each company a certificate setting forth
the quantity of freight transported, the distance carried, and the
amount to which it is entitled therefor. These certificates to be the
only voucher required for services performed. Thus simplifying the
mode of settlement now in use, and preventing overcharges of weight
or price to be paid.

As to Government cars, I think contracts could be made witli the
several railroad companies and individuals for the manufacture of
300 or 400 or more cars if springs or materials for springs can be
obtained. The shops of the South Carolina road at Charleston, the
Georgia Central at Savannah, the Georgia road at Augusta, the Mem-
phis and Charleston road at Huntsville, and the Mississippi Central
road at Holly Springs, perhaps others, could all manufacture cars.
Besides these there are shops at Charleston, Augusta, Ga. , Atlanta,
Ga., at Nashville, Tenn., near Amite City, Miss., belonging to indi-
viduals that would doubtless contract to deliver cars. In addition to
these there have been cars manufactured at the Georgia Penitentiary
for years. Wheels and axles can be obtained in a reasonable time at
Lynchburg, Richmond, and Knoxville. As to locomotives and other
engines, as I stated in conversation, there are but few railroad shops
on long roads but what are capable of turning out engines with a small
increase of mechanical force if materials can be procured. The mate-
rials most in demand are steel boiler-plate, sheet-iron, and flues for
boilers. I think all but the steel may be supplied within the Confed-
eracy within a few months. Engines have been made at the railroad
shops in Charleston, Savannah, and Atlanta, and could be at those
in Richmond, Lynchburg, Petersburg, Nashville, Memphis, and Holly
Springs, and probably at Vicksburg. Rolling-mills are required for
rolling railroad iron and many other articles connected with the manu-
facture of engines. A mill to do effective work would cost from
$100,000 to $150,000. If two or three were erected in as many differ-
ent sections of the Confederacy it would result in great saving of
transportation. Mark A. Cooper, in Western Georgia, has a rolling-
mill and naii factory. By some additions it could soon be made to
supply many articles now needed. It is in close proximity to a fine
quality of iron ore and coal, and possesses water-power of great supe-
riority. Mr. Cooper, I understand, is somewhat embarrassed, and it
is probable his works could be purchased on favorable terms as to
price. I think Huntsville, Ala., offers many advantages for rolling-
mills, workshops, &c. It possesses an abundant supply of water for
steam power, is in close proximity to iron and coal, a healthy situa-
tion, and easily accessible. The same remarks would perhaps apply
to Tuscumbia, Florence, Decatur, and Nashville. Mr. Tanner, of

56 K R— SERIES IV, VOL I

882 CORRESPONDENCE, ETC.

the Tredegar Works, inf onus me they will have a rolling-mill in oper-
ation by May, and will then be able to furnish some railroad supplies,
such as tire-axles, boiler-plate, sheet-iron, &c. There are in Shelby
County, Ala. , perhaps the most valuable beds of iron and coal in the
whole South. At present it is inaccessible.

There is a convention of railroad presidents called in this city on
the 5th proximo. The object of the meeting, as I understand it, is to
devise some method whereby they may obtain such supplies as will
soon become a necessity. The period of that meeting will be a favor-
able time to ascertain the disposition of the several companies to
enter into contract with the Government for transportation of freight,
and to give aid and assistance in erecting rolling-mills. The ability
of the several companies to manufacture engines could then be also
ascertained.

I have, dear sir, to crave your indulgence for this protracted letter.
I could not say less ; perhaps should have added more, but for the
trespass on your time and patience.

I am, with respect, your obedient servant,

W. GOODMAN.

AN ACT for the relief of the State of Missouri.

The Congress of the Confederate States of America do enact. That
the Secretary of the Treasury is hereby directed to issue to the State
of Missouri, upon the application of the fund commissioners for said
State, $1,000,000 in Treasury notes, upon the condition that the said
State of Missouri deposit with the Secretary of the Treasury of the
Confederate States an equal sum in the bonds of the State of Mis-
souri, authorized to be issued under an act of the Legislature of
said State, entitled "An act to provide for the defense of said State,
and for other purposes," which bonds shall be held by the Secre-
tarj' of the Treasury until the accounts of the State of Missouri
for advances made for military purposes are adjusted as Congress
may direct.

Sec. 2. That upon the final adjustment of the accounts of the State
of Missouri against the Confederate States, the sum hereby advanced
shall be deducted from the amount found due to said State.

Sec 3. The sum hereby appropriated shall be applied by the State
of Missouri to the payment of troops in the service of the said State
prior to their muster into the Confederate service.

Approved January 27, 1862.

Confederate States of America, War Department,

Richmond, January 38, 1862.
B. Fallon, Esq.,

New Orleans, La.:
Sir: In reply to your communication of 28th instant [ultimo] I
inform you that I cannot accept your propositions, but will enter
into contract with you as follows, viz :

First. You are to introduce into some port of the Confederate States
east of the Trinity River, Tex., the articles (or as many thereof as
you can) embraced in the list inclosed and signed by me. Your
deliveries are to commence as promptly as possible.

CONFEDERATE AUTHORITIES. 883

Second. You are to purchase these articles on as reasonable terms
as you can, and to receive in payment their cost with 50 per cent,
profit and reimbursement of freight, drayage, package, and cost of
loading at the port of departure.

Third. For freight you will be allowed twice the current rates of
freight from the port of loading to the port of Havana for articles
of merchandise under neutral flags — say flags of England, or France,
or Spain

Fourth. Payment to be made to you on arrival and delivery of cargo
in a Confederate port in good order. This Government assumes no
risk whatever, but will pay on delivery for the articles received at the
rates above agreed on, in cotton, at current market prices, which cot-
ton you shall be at once at liberty to export for your own account and
risk. If you bring your cargo into a port where there is no cotton
market, the cotton will be delivered to you at the nearest cotton port
to the one you enter.

Fifth. The articles purchased by you will be inspected by an ofiicer
in our service in Europe, and when once inspected and received by
him as satisfactory no further question of quality will be made,
unless the articles be damaged in transportation. This damage is at
your risk.

Sixth. You are to exhibit this contract to some one of our com-
missioners in Europe, who will designate the ofi&cer that will inspect
your cargo at its port of loading, and furnish you a certificate. of his
inspection.

Seventh. This contract shall cease upon the restoration of peace
between the United States and the Confederate States, but this Gov-
ernment will receive and pay for all articles that may be actually
shipped under its terms before it shall be publicly announced in the
newspapers of France and England that peace has been made. The
articles referred to are as follows: Two hundred tons of saltpeter; 200
tons cannon-powder; 100 tons rifle or musket powder; 20,000 rifles or
rifled muskets, with bayonets ; 5,000 carbines; 5,000 revolving pistols
for cavalry; 5,000 sabers for cavalry, with belts; 1,000 sabers for
artillerists, with belts; 50 tons of bar steel, assorted sizes, from 1
inch square upward, chiefly smaller sizes; 100 gross of files, assorted
sizes, for armorers and finishing purposes; 400 gross assorted screws
from li inches to 2^ inches; 40 carboys nitric acid; 100 carboys
sulphuric acid; 50,000 pounds of leather suitable for harness and
bridles.

Respectfully,

J. P. BENJAMIN,

Secretary of War.

Wednesday, January 29, 1862*
*******
Mr. Waul, from the special committee appointed to examine into
the Quartermaster's, Commissary, and Medical Departments, made a
report, which was laid on the table and ordered to be printed, and is
as follows, to wit :

BEPOET.

The committee appointed tmder the resolution of Congress " To inquire mto
the organization and administration of the Medical, CommisBary, and Quarter-
masters Departments, and to report what changes in the laws and regulations

*From Journal of the Provisional Congress.

884

are necessary and proper," beg leave to report, that after the passage of the reso-
lution they called upon the Secretary of War and obtained nis zealous co-oper-
ation, and, provided with letters from him, they visited the departments referred
to, the principal army corps and posts, hospitals, and depots, every facility being
aflEorded them by the officers in charge for the favorable prosecution of their
inquiries.

The resolution comprises all that relates to the supply and transportation of
troops in the field or in camp, or that tends to promote the health and comfort of
the soldier — it embraces the administration of the civil polity of the Army, as
distinguished from its command.

The labors of these departments penetrate the entire military establishment,
breathe life into the Army, nurture its growth, give it strength and efficiency in
the field, maintaining its health and facilitating its movements ; vigilant, pre-
pared, and present, it moves unnoticed amid the stirring events of the field, and
obscured by the dust and smoke of the combat it remains unobserved even while
collecting the fruits of victory.

To insure success in a military enterprise, its civil administration should be
harmonious with and subordinate to its command. The inefficiency of a quar-
termaster or commissary may effectually check the progress of an army, and the
demands of an officer may destroy the most perfect administration, through his
inability to comprehend the difficulties or even the facilities for procuring sub-
sistence or transportation.

That the immense Army now in the service of the Confederacy, suddenly col-
lected— men and officers generally inexperienced in camp life and military duty —
should be clothed, fed, armed, and moved with the facility of a permanent organ-
ization, was not to be expected, and in guarding against abuses or suggesting
changes, it is with a view to present emergencies, temporary in their character,
rather than to subvert a system of regulations simple in their construction, yet
comprehensive enough when properly administered to achieve the objects intended.

quaeteemastee's depaetment.

The Quartermaster's Department is expected to give effect to the movements and
operations of the Army, prepare quarters, hospitals, camp and garrison equipage,
transportation, and all military stores, provisions, ordnance, and ordnance stores,
furnish storage for all military supplies ; provide fuel, forage, and straw ; supply
blankets, shoes, and clothing ; procure cavally and artilleiy horses, purchase and
have the custody of all horses, mules, and oxen, harness, wagons, carts, boats,
and other means of transportation ; contract for and regulate the transportation
of troops and supplies upon railroads and steam-boats. It is responsible for the
prompt and safe transmission of all supplies ; for the payment of the troops when
in service or discharged, and in general contract and pay for such services as are
not specially designated in the duties of any other department.

The committee was greatly assisted in its investigations by the system of entries
and analysis of estimates and disbursements in the office of the Quartermaster-
General at Richmond, by which it is enabled to determine not only the supplies
and transportation on hand and where located, but also the exact state of the
account of every officer attached to that department throughout the Army.

These returns and entries show that clothing, camp and garrison equipage are
accumulated at depots situated in Richmond, New Orleans, Memphis, Charleston,
Savannah, San Antonio, and Fort Smith, to be distributed, upon requisition, to the
troops in their vicinity. These supplies, together with shoes and blankets, are on
hand, or have been distiibuted in such quantities as, with the aid given by the
contributions of States and individuals, to place our troops beyond the danger of
suffering during the present winter; while the experience of the past, the knowl-
edge of the resources of the country, and the power to husband, systematize, and
render them available, furnishes an encouraging prospect for the future.

Clothing and commutation. — It is the duty of the Confederacy to have the Army
well clothed and, to attain this end, no commutation in money should be allowed
until it appears that the volunteer has a supply of clothing at least equal to the
amount allowed by the regulations. If furnished from private resources with
the principal articles, the commutation money due might be paid to the captains
to be expended, first in procuring such articles as are necessary to make up the
deficiency, and the balance given to the volunteer.

Depots for supplies. — The number and extent of the depots for arms, ordnance,
clothing, and stores for the consumption of the Army should be greatly increased
and established at secure places near the fields of operation.

Railroad transportation. — The amount of transportation required demands that
every legitimate means should be used to increase the capacity of that branch of

CONFEDERATE AUTHORITIES. 885

the service, and for this purpose the committee recommend that military control
be taken of the principal railroad routes terminating at or passing through Eich-
mond, Nashville, Memphis, Atlanta, and all routes leading to the headquarters of
our several army corps, which should be placed tmder the direction of an efficient
superintendent, free from local interests, investments, or connection with special
railroads. Great delay, inconvenience, and expense is caused by the numerous
unconnected tracks, which, if joined by links, short in distance, would not only
increase the facilities for transportation and the capacity of the roads, but would
save much time, labor, and expense in transferring troops and freight.

There is a deficiency of rolling-stock on the most used and important railways
and branches which could be remedied under a proper administration and dis-
tribution of stock, taken from roads where there is a superabundance, and adding
where deficient, thus equalizing the supply throughout the Confederacy. Wher-
ever desirable for the public defense, the same stock should pass over the
longest available route, and when the width of the grades differ the roads should
approach to proximity until a change of width would permit the connection to
be perfected. With proper management the capacity of the principal routes can
be increased to six trains each way per day, with an average speed of ten miles
an hour, while the present transportation is not above two trains a day, and the
rate of speed not more than six miles an hour.

Wagon transportation. — The committee are satisfied that the wagon transpor-
tation is inadequate, and if the Army was fui-nished with the full amount allowed
by the present Regulations, it would still be insufficient. Our volunteers arrive
in the service unused to camp life, encumbered by an allowance of clothing
hardly sufficient for their need, yet beyond the amount allowed by Regulations.
Overtaken by disease, and with conveniences though scanty, yet forbidden by
the frugality and thrift suited to the educated soldier, when a movement is made,
the line of march may be traced by the cheap comforts and extra blankets cast
aside, to be deeply regretted by the soldier at his next camping ground. From
causes like these much suffering has been endured by our troops in exposed situa-
tions, especially in Western Virginia, where the transportation was barely suffi-
cient to keep subsistence enough for the daily ration wlule on the march from
Jackson's River to Sewell Mountain.

The amount and necessity for accumulated transportation has been greatly
increased by peramtting the Army to feed and forage upon the neighborhood
where stationed, each succeeding day widening the circle which it exhausts, and
to the same extent protracting the distance for transportation, in addition to
destroying the source of supply by taking from the country its present subsist-
ence, and its means for furnishing another crop.

This system enhances the price of all products to the Army and the inhabit-
ants, until, forced to abandon their residences, they emigrate in pursuit of cheap
food, and leave their homes depopulated. By adopting a different policy, with
the judicious use of railways to penetrate the productive regions, and by the aid
of wagon transportation, connecting with the neighboring granaries, the supply
might be rendered regular, cheap, and of better quality.

Hospitals and stations.—Cormectei with, and auxiliary to, this subject, the
committee advise that hospitals and stations for the wounded, sick, and convales-
cent should be provided at a distance from the camps or crowded cities wherever
pure air, good water, and an abundance of food would recommend them, leaving
for the use of the able, active soldier a large quantity of food and transporta-
tion, and removing from the Army an incubus which, with its limited transpor-
tation, renders rapid movement impracticable.

Transport trains. — ^Transportation being the motive power of the Army, without
it the most thoroughly organized and disciplined corps is useless and its services
unavailable. To be efficient it should be systematized and trained to a perform-
ance of its duties. Competent wagon-masters should be selected, and an enlisted
or hired number of teamsters engaged, who, by their skill, attention, and adapta-
tion to this service, would faithfully perform their obligations.

The custom of detailing volunteers for this service is fraught with trouble ;
horses, harness, and wagons are neglected until a movement is required, when
the death, disease, or starved condition of the horses, the loss of harness and break-
age of wagons, render it impossible, or its performance so defective that suffering
to the sick, loss of baggage to the well, and discomfiture to the designs best arranged
and matured are the probable results.

Payment of troops and creditors.— Admitting the efficiency of the Quartermas-
ter's Department, as at present constituted for a peace establishment, to be equal
to the duties with which it is charged, it would be relieved of much of the embar-
rassment and complication caused by the masmitude of the present war should a
separate pay department be established.

886 CORRESPONDENCE, ETC.

Some discontent has arisen among the troops from a failure to pay them with
regularity, particularly at posts and places distant from headquarters or the homes
of the volunteers.

To detail an instructed and experienced quartermaster from headquarters for
this service would frequently leave a post or important position unsupplied and
the necessary routine neglected, and to send an officer new to the service and unac-
quainted with its duties would result in injury to the department, ruin to the offi-
cer, or loss to the soldier. Punctuality is important in all the dealings of Gov-
ernment ; it is particularly so with its Army. The troops should be paid every
two months, and to insure its punctuality the pay-rolls should be prepared after
each muster under the superintendence of an inspector and handed over to the
officers of the Pay Department for payment.

The system in force in the U. S. Army might be adopted by adding thereto pay-
masters, with the rank of captain, requiring the senior paymaster in each district
to make an estimate and receive funds for the whole of his district upon estimates
made by the regimental quartermasters, who might pay their regiments from the
fimds received for that purpose from the district paymaster, leaving the field and
staff of the divisions and brigades and other floating accounts to be settled by the
district paymaster.

The quartermasters unattached to regiments and acting as pay officers might be
transferred to the Pay Department, and by their experience facilitate the adjust-
ment of accounts and payments of troops at points where there are no regiments,
the sick at general hospitals, and discharged soldiers. The need of this supervis-
ing power has caused large amounts of money to be twice paid to soldiers dis-
charged for debility, necessity requiring in many cases payments to be made
upon the statement of the soldier himself. Some dissatisfaction has been mani-
fested by the creditors of this and the Subsistence Department from the want of
punctuality in settling the debts contracted to be paid at the specified time, and
this uncertainty of payment has caused exactions to be made and prices demanded
of the Government officers greatly above the market rate, particularly at places
distant from the capital, where credit is all important. This has been aggravated
by the difficulty in preparing Treasury notes, the absence of facilities for trans-
ferring the funds, the trouble and responsibility of transmission, as weU as the
more pressing emergencies, or urgent solicitations of claimants, more convenient
to headquarters.

SUBSISTENCE DEPARTMENT.

To maintain an abundant and regular supply of provisions for the soldier is the
paramount duty of the commissary of subsistence, and to it everything else
must be subordinate. To economize the public money and to justify expenditure
and disbursement by well-authenticated accounts are important considerations,
but even these must yield to the one great object of military administration —
to keep the soldier in fighting condition at all times and under all circumstances.

Without system in the administration of this department the most fertile
genius would prove powerless, and the most abundant resources insufficient ; yet,
so varying are the circumstances attending active warfare, so much influenced
by the character of the operations, the resources and extent of the country, the
disposition of the population, the confidence and credit in the Government, that
far more reliance must be place'd upon the intelligence, the ability, and the zeal
of the commissary than upon any system established for general guidance. It
is in availing himself of every expedient, in seizing every opportunity, in guard-
ing against all risks and providing for all contingencies that the highest quali-
ties of a good officer are put to the test. He must not rely on rumors or trust to
probabilities ; he must depend upon his own judgment and energy, and, by exert-
ing all his foresight, skill, and decision, anticipate the wants of the troops in
whatever position they may be placed.

The machinery, perfectly adapted to a season of peace and a country replete
with resources, would entirely fail during a state of war with the ordinary
source of supply stopped or diminished.

The returns of this department show that although its chief supply has been
obtained within the Confederacy, heretofore considered insufficient to support
its population, with an untiring, vigilant, and remorseless enemy sui'rounding
and endeavoring by every means to starve as well as subjugate, we have had our
Army well fed, and with an amount on hand so large as to place us beyond the
reach of want for the ensuing campaign, and trusting in a kind Providence for
our usual seasons and the preparations that are made throughout the Confeder-
acy for the next crop, we need fear no coming want.

CONFEDEKATE AUTHORITIES. 887

Purchasing agents. — ^To protect the department against the fluctuations and
combinations of trade, which are considered legitimate and generally used
against the Government where it enters the market as an open purchaser, the
Commissary-General should have power, with the approval of the Secretary of
War, to select agents from able and practical business men to make purchases at
distant points, and a proper discretion allowed them, without referring to the
department for confirmation.

Rations and cooks. — The ration, as restricted by the Regulations, is in many
respects unsuited to the habit of our volunteer force. Rice and corn-meal, hominy,
pease, tea, milk, molasses, and vegetables (particularly potatoes and onions),
should be distributed whenever they can be reasonably obtained, and substituted,
by a scale to be prepared by the commissary, for the ordinary ration. Flour
should only be given in cases of necessity, or where ovens are used by the com-
pany or regiments. Bakeries should be established for hard bread at places
convenient to the different army corps. Ovens should be erected in every regi-
ment and loaves of bread distributed, so as to avoid the unwholesome mass which
constitutes the ordinary specimen of cooking by Southern soldiers. Cooks should
be hired or enlisted, at least two to each company, so that well-cooked, wholesome
meals may be regularly served, and the cooking inspected at each meal under the
direction of the ofBcer of the day. To insure small comforts, the committee
recommend that 2 or 3 cents per day be allowed each volunteer, to be disbursed
by the captain. That the ration of coffee and sugar be increased to ten pounds
of coffee and fifteen pounds of sugar for 100 men. That the surplus rations be
under the charge of one of the sergeants, whose duty it shall be to sell them and
purchase vegetables and other food not supplied by the Government, for the
benefit of the company.

Hospital rations. — The regulations provide that the rations not consumed in
the hospitals shall be commuted in money and constitute a hospital fund, from
which articles for the sick may be obtained. Under this regulation no money
has been furnished the regimental commissaries, and the sick are unprovided for,
or forced to use the ordinary ration of beef, bacon, and coffee. This neglect calls
for an immediate remedy.

Sutlers. — The comfort of the volunteer would be consulted by a definite num-
ber of sutlers, judiciously selected, properly restricted, and a tariff of prices with
moderate profits adopted. Much information has been obtained by the commit-
tee from the Commissary Department, to be submitted to Congress, but the
answer of the Commissary-G«neral to the resolution of Congress including all
that is important, and in more elaborate form, the committee beg leave to refer to
that communication for the routine of purchase, &c.

MEDICAL DEPARTMENT.

In relation to the Medical Department, in its organization and administration,
your committee report that there is, in the laws regrulating that department, no
want of power for its efficiency, and, except in a few particulars, no necessity for
a change in the regulations which control it.

The authority of the Surgeon-General is ample in the direction of the adminis-
tration of his department, and, under ordinary circumstances, the medical staff
is, perhaps, sufSciently numerous. But, in visiting the canuis and hospitals,
your committee were deeply impressed with the inadequacy of the preparations
and provisions for the comfort of the sick soldiers, as well as the obvious causes
for the unusual amount of disease prevailing amongst the troops. Much is to be
ascribed.to the nature of the service and tne persons who compose the Army.
The volunteers when at home were not generally accustomed to care for them-
selves, usually living in families who provided for their comfort and nursed them
in sickness, unused to exposure, and entirely unaccustomed to the preparation of
their food. When in addition to this it is considered that the summer was
unusually rainy, and that a very large proportion of the men contracted the
measles in the camps, it could not be otherwise than that there should be great
suffering and great mortality. It is the peculiar characteristic of measles that
the system is left liable to the invasion of the most formidable diseases, upon
exposure a short time after undergoing an attack. Fever, pneumonia and
diarrhoea, the scourges of camps and armies, follow in the wake of measles where
the convalescents are exposed to cold and wet ; and when to this we add unsuitable
diet, badly-ventilated tents and hospitals, there can be no surprise at the num-
ber of sick in the Army, as well as the great suffering and distress.

Your committee found in some regiments but one surgeon or assistant surgeon,
sometimes a private detailed from the ranks, who happened to be a physician, to

888

a number of sick too great for any one man to attend properly, placed under his
care. The diseases prevalent in the Army are camp fever, measles, pneumonia,
diarrhoea, and dysentery. All of them partook of the depressing character of
the camp fever, being of a typhus tendency. In some localities the typhoid fever
was found greatly aggravated in its progress by the general morbid influence of
the atmosphere of the camps.

The armies on the Potomac and in "Western Virginia suffered greatly ; those
troops in Cheat Mountain and in the vicinity of the Kanawha Valley most
intensely. The wet and changeable climate, the diflSculty of transportation,
exposure to cold and rain, without tents, the necessary consequence of the fre-
quent forward and retrograde movements, as well as the impossibility of always
obtaining suitable food tor either sick or well men, produced most of the sickness
and greatly aggravated it after its accession.

There were no hospitals in reach of those armies, and it became necessary to
subsidize all suitable buildings in reach for the use of the sick, who often accu-
mulated so rapidly as to fill them to crowding.

The rapid movements of armies hourly expecting battle created a necessity for
the removal of the sick into the rear at a time when transportation was greatly in
demand and at all times insufficient. Under these circumstances the sick in all
stages of disease — sometimes when merely moving them must be fatal — were
crowded into wagons and delivered at points where, from their unexpected num-
ber, there was no adequate provision either for their food or shelter, and in such
cases the suffering as well as the mortality was greatly increased.

The diseases in the Peninsula were exceedingly severe and the cases very nu-
merous. They were usually of the miasmatic character, to which men from the
up^er country would be subject. These, too, were gi-eatly aggravated by measles,
which also scourged these camps, fn the early part of the campaign there was
a great deficiency of hospital accommodation there, but now, in Yorktown and
Williamsburg, that want has been in a great measure supplied.

Whenever hospital accommodation was possible, and a due regard paid by those
in charge, much of the suffering of the sick was avoided, especially where those
hospitals were within a convenient distance, and the transportation at all adequate
to the gentle and merciful removal of the sick and helpless.

Your committee were impressed with several evils which, as they are clearly
■within the reach of remedy by the present laws, will be mentioned, as those which
could be obviated by a more full administration of their provisions.

First, upon examination of the medical stores at the various hospitals and
camps, with a few exceptions, they were incomplete and insufficient in many of
the leading and necessary articles for the prevailing diseases. Second, there was
a gi-eat deficiency in surreal instruments, and those in possession of the surgeons
often very inferior and ill adapted to the service. This they, however, feel assured
was the result in a great measure of the almost insuperable difficulty of obtaining
a supply in the present state of our commercial atrophy. But it is presumed that
sufficient encouragement would secure the manufacture of instruments within
the Confederate States. The Surgeon-General assured the committee that this
difficulty was in a fair way to be overcome. Third, the great insufficiency of
transportation to be devoted to the service of the Medical Department, in the
camps and at the hospitals. A great increase is indispensable ; the want of it has
Ijroduced much of the mortality and much of the suffering. Sick men, on the
advance of the enemy, are crowded into common wagons and ambulances, moved
rapidly over bad roads, jolted and rendered uncomfortable, the maladies aggra-
vated, and, in many instances, dying in the removal. Fourth, the regulations
requiring reports from the regiments as to the number of sick, their diseases and
the wants of the medical station, have not been complied with. The result of
this neglect is that, upon a change of position in the Army, it has been the unhappy
consequence that the number of sick greatly exceeded that indicated by the reports.
They have been hurried to the rear, where the accommodations, both as to food,
shelter, and medical attendance, being all insufficient, there has been great suffer-
ing and great mortality. Upon inquiry the committee learned from the depart-
ment of the Surgeon-General that on various occasions, without sufficient notice,
large numbers of sick have reached Richmond in the cars, when attention to them
was impossible. Your committee also found upon examination that the regula-
tion requiring that the regimental surgeon should, whenever a sick soldier was
sent to the hospital, his descriptive roll as well as the nature of his disease,
should accompany him, has been sadly neglected. The evil of this neglect is
felt in the impossibility of prompt medical treatment, as well as the almost
insunnountable difficulty which obstructed every effort of friends to find
and identify those to whom their attentions were so desirable. No legisla-
tion is necessary to cure this evil. The fault is with the surgeons and the

CONFEDERATE AUTHORITIES. 889

officers of the regiments and the posts. Their authority is complete, and the
evils referred to arise from the want of its exercise. In none of the hospitals
accurate lists of the sick, convalescent, discharged, and dead have been found,
but in a vast majority of instances that list, instead of being made from regi-
mental returns accompanying the sick, have been the result of inquiry and
observation by the hospital surgeon. When to this is added that the absence of
the descriptive roll prevented the sick from the use of their pay in the purchase
of comforts for themselves, your committee feel it due to truth and justice to
notice this neglect as seriously injuring the service. Fifth, the indifferent as well
as the unwholesome food provided for the sick, and the use of which by well men
made them sick, attracted the attention of the committee. The rations were
wholesome, sound, and abundant, but the cooking, particularly the bread, ren-
dered it unsuitable for either sick or healthy men. Bread hastily made up of flour
and water and imperfectly baked, almost incapable of being digested, was deemed
a most fruitful source of disease. It was apparent at those camps where well-
baked bread was served to the men that the amount of disease was greatly
reduced. We think bakeries in Richmond and other convenient localities might
be provided, and by serving good bread to the soldiers the saving in material
would greatly overbalance any expense to the Government. Until good bread is
furnished to the Army we look in vain for a permanent restoration of health.
The rapid recovery of many who have been permitted to return home to get well
demonstrates the efficacy of wholesome and nutritious diet rather than the use
of medicines. The great majority of the deaths result from the want of proper
nutriment, such as the impaired digestion of the patient can assimilate, and with-
out which it is impossible for him to recover. At Norfolk, at Staunton, at Char-
lottesville, the amelioration of the condition of the sick, by improved nutriment
and comfortable hospitals and hospital surgeons, was strikingfy apparent. The
sickness and mortality at Norfolk were inconsiderable because of the fresh vege-
tables, the good bread, good hospitals, and all the comforts necessary for the sick.
Sixth, the establishment of a corps of nurses for the camps, as well as the hos-
pitals, would do much to mitigate the evils incident to the condition of the sick
in camps. Good nursing is of equal value to medical attention. Without it the
best skill is often unavailable. Constant attention and control of the sick cannot
be dispensed with, and the faithful application of remedies prescribed cannot be
expected from the attention of casual nurses. Our voluuteer army are unaccus-
tomed to such duties, and we shall vainly look for great improvement without
the presence of constant and competent nurses for the sick.

Much of the insufficiency of the medical staff is to be attributed to unavoidable
evils in the mode of appointment in the sudden organization of so large an army.
It was impossible for the head of this Bureau to be thoroughly informed of the
fitness of applicants for the position sought by them in the medical staff. He
was necessarily dependent upon such means of information as the circumstances
would allow, and depended mainly upon the recommendations of the field officers
of the regiments to which the surgeons and their assistants were to be assigned.
In this way many very young and inexperienced persons were reconmiended and
appointed, and much evil resulted from their want of qualification for their
duties. The older and best of the physicians of the country were not usually
applicants for the places, and the selection was to be made from those who offered
their services. The history of the war up to a month or two since has fully
developed this evil, and the institution of a board of examiners, it is hoped, may
afford some remedy. The service demands the best talents and the most enlarged
experience, and the greatest circumspection is indispensable in assigning to such
responsible duties those who seek appointments in the medical staff.

The want of medical stores is the result, in a great measure, of the existing
blockade, and the expense and difficulty in procuring those foreign medicines
which are indispensable for the sick, and it is but just to say that great and
unusually successful efforts have been made by the department in obtaining
them. The hospitals established by many of the States for the sick and wounded,
and the admirable manner in which they have been conducted, demonstrates
that, with the same care on the part of the Confederate Government, the condi-
tion of the sick and the prospects of recovery would be greatly improved. Hos-
pital room and an increase of hospital surgeons and assistants are greatly needed.

In connection with the views of the committee upon the means best adapted to
the preservation of the health of the Army and the restoration of the sick, they
would call attention to the necessity of providing some practical, simple, and
easy mode of obtaining furloughs for sick soldiers to visit their homes.

The regulations requiring the certificate of the surgeon of regiments or hos-
pitals when the sick are far distant from their command, and the certificates of
commanding officers opposing the application, is, in a large proportion of the

890 COERESPONDENCE, ETC.

cases, a virtual denial of the privilege. Observation proves that whenever it is
possible to remove the sick, in the low depressing diseases of the camp, preying
as much on the mind and spirits of the sufferer as on his body, a furlough and
return to home and its associations caused speedy recoveries and return to duty.
Some modifications of the law and regulations on this subject is indispensably
necessary, or we may look with apprehension for the recuperation of our Aimy
by volunteers in the spring. They would recommend such legislation as would
reach all cases removed from the regiments to hospitals by authorizing those in
command of stations to grant furloughs or discharges and simplify the process
by which they are obtamed, whilst sick, under the immediate observation of
regimental authority.

The committee cannot close this part of the subject without a testimonial to
the kindness and patriotism of our citizens at home, manifested in their unre-
mitting efforts to supply the wants and relieve the sufferings of the soldiers, sick
and well. The supply of money, clothing, and hospital stores derived from this
generous source is not only of immense value in itself, but the most cheering
indication of the spirit of our people in the cause of our independence. The
women of the country, with the tenderness and generosity of their sex, have not
only loaded the cars with all those appliances for the comfort of the sick which
their patriotic ingenuity could devise, but have also come to the rescue in cloth-
ing those who are well and bearing arms in the field. They have made large
pecuniary contributions, taken charge of the hospitals established by the States,
and, as matrons of those institutions, have carried cleanliness and comfort to the
gallant soldier far from home and kindred. To the women of the country simple
gratitude demands that public thanks be given and a public acknowledgment of
their faithfulness in the glorious work of effecting our independence. As a part
of their duty, the committee visited and examined the prisons and hospitals of
the prisoners in Richmond. The sick and wounded are fully cared for, and the
food furnished for all was both wholesome and ample. There was no cause of
complaint in the entire management. Both medical attention and the supply of
necessaries for food were such as justice and humanity demanded.

Inspection and reports. — The health, comfort, and eflBciency of the Army
results less from defects in legislation than the proper enforcement of the Regula-
tions and a regular and thorough system of inspection.

The offices of adjutant and inspector general, now united, have distinct and
separate duties. The labors of the adjutant generally confine him to his desk ;
those of the inspector demand his active presence in the field. The adjutant is
the channel of communication in aU matters relating to the discipline and organ-
ization of the Army, and these officers are constantly occupied with the details
of service and in office duties. The duty of the inspector is, by personal investi-
gation, to learn whether the rules and regulations of the Army are properly
enforced, and to report when, where, by whom, and in what manner they have
been neglected.

A detail of the duties and the requirements of the reports are embraced in the
following sections of the Army Regulations :

"INSPECTION EEPORTS.

" 462. Inspection reports will show the discipline of the troops, their instruction
in all military exercises and duties ; the state of their arms, clothing, equipments,
and accouterments of all kinds ; of their kitchens and messes ; of the barracks
and quarters at the post ; of the guard-house, prisons, hospital, bake-house, maga-
zines, store-houses, and stores of every description ; of the stables and horses ; the
condition of the post school, the management and application of the post and
company funds ; the state of the post and regimental and company books, papers,
and files ; the zeal and ability of the officers in command of troops, the capac-
ity of the officers conducting the administrative and staff services, the fidelity
and economy of their disbursements, the condition of all public property, and the
amount of money in the hands of each disbursing officer ; the regularity of issues
and payments; the mode of enforcing discipline by couris-martial, and by the
authority_ of the officers ; the propriety and legality of all punishments inflicted ;
and any information whatsoever concerning the service in any matter or par-
ticular that may merit notice or aid to correct defects or introduce improvements.

" 463. Inspectors are required particularly to report if any officer is of intem-
perate habits, or imfit for active service hy infirmity or any other cause."

The importance and extent of these duties show that all the time, attendance,
and labor of an efficient corps is necessary for their performance, with such rank
as to induce respect and obtain able and energetic officers. The separation would

CONFEDERATE AUTHORITIES. 891

be less imperative in an army thoroughly organized and disciplined, but the
immense number of raw recruits and unmstructed ofiScers renders it indispensable
to indoctrinate as well as to supervise. The reports should be made to the
Inspector-General at the War Department, as well as to the commander to whose
staff the inspector is attached, thereby insuring the performance of the duties by
the inspectors enforcing the requirements for officers to remedy defects through-
out their command, and bringing before the Secretary of War a knowledge of thfc
condition of the Army.

Medical Inspectors. — By the Begnilations the medical director is made the
inspector of hospitals, and required to enforce the regulations, &c. Like the
adjutant, his time is so much occupied by the details of service that in most
instances this important duty has been neglected, and the committee suggest, for
the consideration of Congress, if it is not due to the proper care of the sick and
the protection of the well from disease to add officers to the present medical staff,
whose duties should require them to inspect and report upon the sanitary condi-
tion and police of hospitals, camps, and posts occupied by troops, and the skill
and efficiency of the officers, stewards, nurses, and employes attached to this
department.

All of which is respectfully submitted.

T. N. WAUL,

For tlie Committee.

AN ACT to amend an act entitled "An act to provide for the public defense,"
axjproved March sixth, eighteen hundred and sixty-one.

The Congress of the Confederate States of America do enact, That
the act entitled "An act to provide for the public defense," approved
March sixth, eighteen hundred and sixtj^-one, be, and the same is
herebj', so amended that the provisions of the second section of said
act, limiting the term for which the militia may be called into service
to a period not exceeding six months, shall not apply to men drafted
into service by the several States, and furnished by said States to the
President, for service for three years or during the war, in response
to requisitions made upon said States according to law.

Approved Januarj' 29, 1802.

AN ACT to aid the State of Kentucky, and for other purposes.

The Congress of the Confederate States of America do enact, That
the Secretary of the Treasury is hereby directed to issue to the State
of Kentucky, upon the application of the Governor and council of
the provisional government of said State, the sum of 12,000,000 in
Treasury notes, to be expended by said Governor and council in rais-
ing and organizing, for the Confederate service, troops in said State,
supplying the same with clothing, subsistence, transportation, arms,
and ammunition.

Sec. 2. The sum appropriated by the first section of this act is to
be drawn from the Treasury of the Confederate States by the Gov-
ernor of Kentucky, with the approval of the President of the Confed-
erate States, from time to time, and in such sums as the Governor of
Kentucky may need to carry out the objects of this appropriation, the
Governor filing, before making his requisitions upon the Treasury,
with the Secretary of War, estimates showing the purposes and objects
to which said sums of money are to be applied.

Approved January 29, 1862.

892 CORRESPONDEKCE, ETC.

Jackson, Miss., January 29, 1862.

Hon. R. M. T. HuNTER, Secretary of Sktte,
Hon. J. P. Benjamin, Secretary of War,
Hon. J. D. B. De Bow, [Agent] Cotton Loan,

Richmond, Va.:
Gentlemen: Permit me to call your attention to the inclosed copy
of a letter from R. M. Davis, president of the Bank of Louisiana (who
is a gentleman of the highest standing, has extensive information, is
true to our cause, and has just returned from Europe), and to the
accompanying documents, to wit, a report* of a select committee of
the Mississippi Legislature, and a slip* signed " Scipio" from the same
source. Believing the Government lacked the funds necessary to
purchase such vessels as could drive the blockaders from our ports by
first attacking them at one point and then another, the object of the
report is to bring an additional number of men with their money into
the financial and military contests now going on, and place them under
the direction of the President for the purpose of defeating the enemy
in their present scheme to purchase or capture our cotton. We believe
one or two discreet and competent commissioners or agents could in a
short time form such a combination in the sea-coast cities as would
effect the desired object. If there was no chance for the manufacturing
interests to obtain cotton through the blockaders, the probability is
that the blockade would be abandoned or broken up. So long, how-
ever, as the blockade may be the means of supplying the manufac-
turing interests of the North and Europe with cotton at half prices,
we think there will be little anxiety out of our own limits to see it
broken up. Should the Government favor the proposed plan Mr.
Davis would make a good agent on the other side of the water, and is
ready to act under the proper authority.
Very respectfully, yours, &c.,

J. B. GLADNEY.

[Xnclosnre.]

New Orleans, January H, 1862.
3. B. Gladney, Esq.,

Jackson, Miss.:
Dear Sir: In reply to your inquiries in relation to the opening of
our ports by foreign powers, I will state that while in Europe during
the last summer and autumn I had good opportunities of judging of
the feelings of the English and French people toward our Confederacy,
and came to the conclusion that our people should not look to any
foreign power for relief from the evils of the blockade. Their hatred
and prejudices against slavery hitherto have counterbalanced their
interests, and unless the Trent affair had occurred we should not
have ever been recognized until complete success crowned our efforts
against the North. As the Yankees have backed down and will con-
tinue to give way to every demand of England, we must not expect
any interference beyond recognition, perhaps; but that will not raise
the blockade. We have the most ample means within ourselves, if
properly used, of opening our ports, and should lose no time or exer-
tion toward effecting that object. Any attempts at relief by the issue
of Treasury notes or from banks must prove futile without opening a
market for the sale of our products. Any proper measures for the

* Not found.

CONFEDERATE AUTHORITIES. 893

eifectual breaking iip of the blockade will receive my most heai-ty
co-operation and support.

I am, sir, yours, most respectfully,

R. M. DAVIS,
Bank of Louisiana, New Orleans.

Confederate States of America, War Department,

Richmond, January 29, 1862.
Hon. James Chesnut, Jr.,

Chief of Military Department, Columbia, S. C:
Sir: In reply to your letter of the 25th instant, the Secretary of
AVar directs me to say that the Confederate Government has passed
no law authorizing payment of troops not mustered into Confederate
service. This Department is therefore without authority to pay the
troops to which you refer.

Very respectfully, your obedient servant,

A. T. BLEDSOE,
Chief Bureau of War.

Adjutant-General's Office,

January 29, 1862.
His Excellency John Letcher,

Governor of Virginia:

Dear Sir: In my last annual report (sec. 6, p. 3) I stated the neces-
sity for organizing a relief force for the troops in the field, and hoped
that requisite measures would be promptly adopted. The Legislature
met the first Monday in December. The last Monday in January has
come and gone, but nothing is yet agreed upon. The experience of a
lifetime, with no little active service in time past, may shield me from
the charge of presumption in saying that all the legislation which is
actually necessary now is perfectly simple and might be written on a
single page ; please refer to the report. I think the whole arm-bear-
ing force not in the field should be immediately drafted for service,
organized into companies of 100 men, rank and file, and either be
allowed to elect their oflQcers or assign company officers by grades now
in comniirssion. The first perhaps is preferable. From this force so
adopted for service fill up the volunteer force now in the field by full
companies, when needful, or by any less number which may be
required to fill up the volunteer company by so much as it may have
been reduced from any cause. As to any force which -may remain
after filling up the volunteer force, retain the organization by compa-
nies, even where a company has been reduced by drafts into the vol-
unteer force. It will make the reserve more effective, and if a call
upon it en masse should be made then fragments of companies may
be consolidated. It is not possible to provide by legislation for every
contingency that may arise. The commander-in-chief, if he has it
not already, should be vested with authority to act in all such cases.
I am not informed of the details of any of the several plans which it
is said are before the Legislature. Senator Douglas showed me one
prepared by himself, sensible and practicable, that is said to have
undergone many changes, so that I do not know how it stands now.

But there is one feature which it is said has been ingrafted upon
all of them which is fraught with the most fatal consequences. I am
dismayed in the contemplation, for if carried out the State will lose

894 CORRESPONDENCE, ETC.

all her best of&cers, we shall be defeated and disgraced, and a system
of electioneering and demagogism introduced into the army as fatal
as a pestilence. The elective principle to any extent is out of place
in our army, and when it includes the grade of field officers no man
can estimate the mischief which must result. It would be far better
for the Legislature to do nothing than either to do this or to adopt
any diffuse and complex system, when the end may most effectively
be reached by direct or simple means. Please refer to chapter 29,
sections 2 to 6, inclusive, page 162 of Code of 1860. Might not the
Governor meet the exigency under this, if there be no further legisla-
tion ? I did not prepare a bill embodying my own views, lest it should
be deemed officious — as probably I should — since but one scheme has
been shown me by any member of the Legislatiire. It is plain to any
mind of ordinary intelligence that gentlemen proposing to legislate
upon this important subject should first inform themselves as to the
working and efficiency of the existing law. Instead of that I have
heard sweeping denunciations of it by gentlemen who have probably
never read a page. Ever since I have been in the public service it
has been the standing custom, particularly of those Avho know noth-
ing about it, to denounce the militia law, and alter by way of amend-
ment, making bad worse at every session. The State has now the
best militia law it ever had, and the most striking and undeniable
evidence of its efficiency is afforded by the gallant army now in the
field. I cannot express my anxiety and alarm at the prospect before
us. Is there no remedy, are there no means by which the legislation
upon this important subject can be brought within the actual require-
ments of the case, without the influence of the various fancies and
prejudices which seem to rule everything? If it can, the serious mis-
chiefs which threaten the cause may yet be averted. I rely upon your
indulgence to excuse this communication, which is prompted only by
anxiety and serious alarm for the State.
Very respectfully, yours,

W. H. RICHARDSON.

[January 29, 1862.— For J. E. Johnston to S. B. French, in rela-
tion to arms, &c., see Series I, Vol. V, p. 1051.]

AN ACT to transfer funds from the Quartermaster's to the Ordnance Department.

The Congress of the Confederate States of America do enact, That
$3,000,000 of the sum heretofore appropriated to the service of the
Quartermaster's Department and yet unemployed be, and the same is
hereby, transferred and appropriated to the service of the Ordnance
Department.

Approved January 30, 1862.

Confederate States of America, War Department,

Richmond, Va., January SO, 1862.
Hon. S. F. Hale,

Chairman Military Com,mittee:

Sir: In answer to your inquiry of the — instant I have the honor
to report:

First. That the construction placed by this Department on the law
is, that brigadier-generals are not officers, generally, independently of

CONFEDERATE AUTHORITIES. 895

any particular command; but on the contrary, under section 6 of the
act of March 6, 1861, "hold their offtces only while the brigades are
in service."

Second. In practice, the assignment of brigadier-generals has been
made by the President where the body of troops did not exceed the
number sufficient for a single brigade; as, for instance, General
Withers, at Mobile, or General Lawton, at Savannah. But where
large bodies are gathered together the President, after ascertaining
that the number of troops was sufficient to require the formation of
an additional brigade, has not unfrequently permitted the command-
ing genei-al of the Army to assign the brigadier to such brigade as he
thought proper, and of this examples are found in the Army of the
Potomac and of General A. S. Johnston, at Bowling Green. A briga-
dier is never appointed without ascertaining in advance that there
are a sufficient number of regiments ready to form a brigade for the
general so appointed.

I am, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

Nassau, New Pkovidence, January SO, 1862.
Hon. J. P. Benjamin,

Secretary of War, Richmond, Va.:
Dear Sir: The steamer Kate arrived here on the 18th and brought
me your letter of the 5th instant. I am gratified to perceive that my
action is approved. According to your instructions I immediately
arranged for the transshipment of the Gladiator's cargo, and, as before
intimated, I had no difficulty in obtaining the requisite permission
from the authorities. You may readily imagine how intensely dis-
gusted the Yankees are at this partiality, as they style it. It is called
another flagrant violation of neutral rights. Owing to the boisterous
weather that prevailed for some days we were unable to commence
until the day before yesterday. The Gladiator lies at the upper
anchorage, some five miles from here, whither I had her moved a few
weeks ago in consequence of the large amount of powder on board, it
being contrary to the port regulations to allow vessels with powder to
remain in the harbor. I accordingly steamed up early on the 28th
and superintended the transshipment of the following portion of the
Gladiator's cargo, now on board of the Kate, as per bill of lading
inclosed:

Blankets and serge bales.- 32

Rifles, Enfield (6,000) cases.. 300

Surgical instruments -do 2

Mess tins, pouches, serge, &c - boxes. . 94

Medicines 4° ^^

Lint - do. 3

Medicine - - barrel.. 1

Gunpowder (all cannon with the exception of some 5 or 6) barrels. . 500

Cartridges boxes.. 514

Caps - - do.... 90

Surgical instruments - - -cases. . 2

Having no invoice of the cargo I had to take the contents as marked
on the packages. Total number of packages, 1,552. We completed
loading this morning, and the Kate proceeds to sea this evening with
fine weather and a good prospect of reaching her destination in forty
hours. You will perceive that I have filled out the bill of lading for

896 OOltKESPONDENCE, KTO.

Saint John, Now Brunswick. This Ih to covor in oiiw* thci Kato Hlionld
be overhauled on the voyago. Hu\v^^ tho Trent all'iiir It'edenil (iriiiHerH
will hesitate to interfere with liritlHli veHSdls, nnidHHciuifjrlit In thovory
act of violating the blockade. J{y tho transHhipuKint. of this jwHIon
the Gladiator has been lightened one foot aft and niglitcHMi inclicH for-
ward. It may do perhaps to try and run hor in aftcir she has Rot rid
of a further portion, as I havonodoiilH, Ikm-himmkI will bo iruM-oaHed in
consequence of lior lighter draft.

Previous to tho receipt of your l(»ti,((i- 1 sold the coMioii at 22 coiitH
per pound. It was the very liost 1 could do, and Uumi has be(»n no
period since when the olfer would havo Ix^im repeated. I shall iiave
to make an allowance of ton pounds ])er hale for damage. My rela-
tions with the authorities hero ant of tho most fri(»ndly eliaruetor. I
receive many marked attentions, which I value as going to show tiic*
increased cordiality of feeling toward tlut Oonfedoratd Governnntnt.
In cultivating this disposition I feed that I am doing some scM'vlco to
my country. The Uritisli lino-of-i)/ittle ship (■!on(|iieror (101 guns),
which went ashore on Itum Cay a few we(d<s ago, has gone to pieces in
tho late gale. There are in jjort now the ISritish gun-boat Steady (six
guns) and sloop-of-war Greyhound (seventei^n guns). No Yanlree
vessels here.

I am, very respectfully, your obedient s(»rvant,

L. IIKYLIGKE.

Quaiith;rmaistki(,-(Jii;nioua i/s Office,

liickniiiiiil, Javvary -'I I, /HO^.
The President:

Sir: I have the honor to acknowledge the rctectifil, of a U^iUti-
addressed to you by Mr. Goodman, which has heen refcirred to me for
consideration and remark. The several suh,j(»cts to wlii(!li 11/ nd'ers
have already received that attention from this department which tlxiir
importance demanded, and to some extent tin; suggestions [inwented
by Mr. Goodman have been carried into enVnrt. Contracts have iuwn
made with the railroad companies, generally, by whUjli a i)r((ferenc(»
has been secured to all Govcirnment freights, both as to time of l,ranslt
and use of cars. Every possible arrangement/ has been ado|)ted to
secure prompt transport,ation of public stents, and to this end many
of the railroads have been employed to tlieir utmost capaifity. Dei;i,yH
and difficulties have oeeurnid in many instariees, but, no arrange-
ments can be made so complete as t,o entirely i)reveut their recurrence.
A uniform standard of charg(is for Government, t,ni,nsport/atlon,
deemed to be both just and economical, has Iteen agnted uj)on with
many of the leading railroads, and the rates thus establlslied will, it
is supposed, meet tho <!onc,urr(5nc(( of all the companies. This Is
equivalent to th(» f)r(fHcribed terms of a writt/cn eontnuit,, and by it
hereafter uniformity in the charges for trans|iortal,ion will be secured.
I doubt greatly the propriet,y of ajipoird.ing Government freight, agents
and messengers, as imt posed by Mr. (iloodman. Competent, f)ersons
to fill such, i)08itions cannot, readily be j)rocnred, nor are t,liey neces-
sary. They would interfere seriously with the managem<tnt of details,
which should be left entirely to t,lie control of trained and exi)erlenee<l
railroad employes. They would, moreovcu-, remove from t,iie railrofid
companies and their agent,s that direct responsibility to 1,li<5 (Govern-

CONFEDERATE AUTHORITIES. 897

ment which it is important to preserve. This consideration appears
to be decisive, for the most serious evils would result if the obligations
now imposed upon the railroad companies were lessened or removed.
It is suggested by Mr. Goodman that these agents or messengers
should give certificates of the quantity of freight transported, the
number of miles traveled, and the amount earned by the road, which
should be the only vouchers used in settlements with the companies.
It would seem that this object could not be attained, as it would not
be practicable for the messengers traveling in charge of the trains to
superintend the weighing of freights at way stations unless the trains
were delayed until they could inspect and note the shipments. Under
the present system the railroad transportation accounts are adjusted
upon vouchers signed by of&cers and agents of the Government, and
only actual weights and distances are paid for. All orders for trans-
portation specify the points from and to which freights are carried,
and a freight list or bill of lading is sent by the consignor to the
consignee. The policy of building cars has been. adopted to some
extent, but it is deemed more advisable to transfer them to the rail-
roads, as thereby the necessary inspection and repairs are attended
to, while if left in the possession of the Government and used upon
the various roads no particular company could be made responsible
for their being kept in good condition. The importance of encourag-
ing the estabSshment of rolling-mills cannot be overestimated, and I
fully concur in the suggestion that they should receive the fostering
protection of the Government whenever the private enterprise of the
country seeks to construct them. In what mode or to what extent
this protection should be afforded I am not prepared to suggest.

The miU of Mr. M. A. Cooper, in Western Georgia, has not escaped
my attention. Some time since application was made to Mr. Cooper
to supply sheet-iron to meet requisitions made on this department
for various articles, but he declined because his operations in the
manufacture of bar iron and rails were too profitable to justify a
change in his present machinery. Nor, judging from his estimate of
the profits to be derived from their manufacture, do I think his
property could be purchased upon favorable terms. Mr. Goodman
conjectures that the cost of erecting an effective roUing-miU would be
from $100,000 to $150,000. Mr. Cooper's calculation is that the net
profit upon his manufacture of bar iron and rails will be $160,000
during the current year. If therefore the policy of establishing such
mills be adopted, other localities should be examined.

In conclusion, while this department will receive with much satis-
faction any suggestions or propositions looking to the adoption of a
system which will secure more complete, prompt, and economical
transportation of public supplies than is afforded by that now in use,
I must be permitted to express the doubt whether any substantial
improvement can at present be effected. Mr. Goodman's letter is
herewith returned.*

I have the honor to be, very respectfully, your obedient servant,

A. C. MYERS,
Acting Quartermaster- Qeneral.

*See January 25, p. 880.
57 R R — SERIES IV, VOL I

898 CORRESPONDENCE, ETC.

New ORLEAiis, La., January SI, 1862.
Hon. J. P. Benjamin,

Secretary of War, Richmond, Va.:
Sir: I have in Havana some eighteen hundred and odd Enfield and
Brunswick rifles; on board the Gladiator at Nassau about 500, and
about 800 at Cardenas, if the Stephen Hart, that left Liverpool early
in November for that port, has arrived. You have a valuable cargo
of arms, &c., on the Gladiator at Nassau and arms at Cardenas, for
which Mr. Heyliger was sent. The difllculty thus far in getting these
arms to the Confederate States has proven insuperable. In order to
obtain them, as they are so greatlj' needed, I am willing to incur a
heavy risk to get those belonging to this State if you will join in the
adventure and the risk in proportion to the amount of arms, &c.,
which you have at the places referred to. I propose to take up a fast
steamer (we have many here), send her out with or without cotton,
as you prefer, and bring home the arms. I will take care that she is
properly officered', with competent river and coast pilots on board.
There are a number of steamers here that can outrun anj^hing in
the Navy of the United States, and I feel great confidence in the
success of the enterprise. If you wiU share in the risk on the t«rms
proposed, telegraph immediately.

Very respectfully, your obedient servant,

THO. O. MOORE,

Oovernor.

Executive Department,

February 1, 1862.

To the CONTEDERATE CONGRESS:

I return with my objections the bill passed by you entitled "An act
to provide for granting furloughs in certain cases."

Before proceeding to lay before you the special objections enter-
tained to the provisions of this bill it is proper that I should express
the firm conviction that it is, from the nature of things, impracticable
to administer an army in the field by statute. The Constitution vests
in the Congress the power "to make rules for the government and
regulation of the land and naval forces." None can deny the wisdom
of this provision, nor the propriety of the exercise of this power by
the Congress in its full extent; but there is an obvious distinction
between making rules for the government of the Army and undertak-
ing to administer the Army by statute. When rules are established
for the regulation of such matters as are in their iiature susceptible
of fixed and unvarying application, there can be no impolicy in pro-
viding them by statute. Thus we have by law fixed guides for organ-
ization, for the composition of the different corps, for the number of
officers and their grades, for the respective duties assigned to the
staff in its several branches, and numerous like provisions that remain
in force in all localities, in the presence as well as the absence of the
enemy, and uninfluenced by the exigencies of any particular occasion.
But there are other matters which are essentially administrative in
their character, and are not susceptible of being determined by the
rigid prescriptions of statutes which executive officers are bound to
obey under all circumstances and without the exercise of any discre-
tion. Suppose Congress should attempt to fix by law of what camp

CONFEDERATE AUTHORITIES. 899

eqiiipage should always consist, or the precise kind and quality of
clothing to be furnished, or the exact amount and kind of transporta-
tion to be allowed for each regiment, is it not obvious that these
details depend so entirely on time, place, and circumstance, and are
so essentially variable in their character, that the uniform compliance
with such laws would be practically impossible ? Suppose Congress
should establish by law the precise proportion of infantry, cavalry,
and artillery to be attached to each body of troops in service. This
would not be a rule for the government of the Army, but an attempt
at a statutory administration of it which could not but be found
impolitic, even if it were practicable.

Now, the act in question presents precisely the same objectionable
features. It establishes a rule over which there is no discretionary
power under any circumstances whatsoever by which a commanding
general, in the face of superior numbers and with his capacity for
defense taxed to the utmost, may find his forces still further reduced
by the action of his subordinates, not only against his consent, but
without his knowledge, and in ignorance of his necessities and the
purposes of their Government. No more striking example could be
afforded of the impolicy of such a law than is presented by our condi-
tion at this time. Our armies are in force inferior to the enemy at
the two points most vital to the defense of the country. The enlist-
ment of the twelve-months' men is soon to expire, and in order to
secure their entry for a further term into the service you have directed
that furloughs be granted to them as far as compatible with the safety
of the respective commands. If the bill in question becomes a law it
will at once be necessary to diminish the number of furloughs, which
might otherwise be granted as inducement to re-enlistments, and to
that extent the attainment of this most desirable object must be
obstructed. From the west and from the south, from many and
important points urgent calls for re-enforcement are received by the
Department of War which it is not possible to satisfy. At this crisis,
without any check or control by commanding generals, 5 per cent, of
their effective forces would be withdrawn under the provisions of this
bill. With conflicts impending against an enemy greatly our superior
in numbers our safety is dependent on keeping in the field every
effective man that can be furnished with a weapon; this biU, there-
fore, it seems to me, is most inopportunely presented.

If from these general objections we turn to the details of the bill,
other considerations are presented which would alone prevent my
giving it approval. This may be stated briefly as follows, viz:

First. The furlough for disability is to be granted upon.the surgeon's
certificate, not of the vital necessity for leave of absence, but of the
surgeon's opinion that the patient's "health would be improved by a
temporary sojourn at home. " It is plain that every man in the Army,
to whose health camp life was thus believed to be detrimental, could
at once demand a furlough under this provision.

Second. The colonel's power to grant a furlough on such a certifi-
cate as is above mentioned is without the check or control of higher
authority, and is unlimited as to time and to number of cases.

Third. Any soldier that can get the certificate of any hospital sur-
geon can be sent home on furlough or discharged without the knowl-
edge or consent of any of his officers, either company or regimental.
The surgeon has only 'to certify that the soldier "is too remote from

900 CORRESPONDENCE, ETC.

his commanding officer to procure his certificate for a furlough or dis-
charge without inconvenience and delay." When troops are in the
field it is always true of a soldier in hospital that the commanding
officer's certificate cannot be obtained "without inconvenience and
delay," so that the soldier absent from camp can always get a fur-
lough or discharge without the knowledge of his commander.

Fourth. The large number of soldiers that will be constantly trav-
eling on the railroad on the proposed system of a ten-days' furlough
for 5 per cent, of all the effective men, together with the sick leaves
provided for, will form an average of probably not less than 15,000 or
20, 000 men in constant movement. This would occupy the transporta-
tion facilities, already much too limited, to such an extent as seriously
to impair the movement of troops and supplies.

In whatever aspect the proposed legislation is contemplated, I can-
not view it otherwise than as dangerous to the public safety, and I
most earnestly recommend that in taking it again into consideration
Congress will weigh any possible advantage that can result from this
measure against the disasters that are not only the possible, but, as
it appears to me, the probable, results of its adoption.

JEFFERSON DAVIS.

[Id closure.]

A BILL to be entitled "An act to provide for granting furloughs in certain cases."

Section 1. The Congress of the Confederate States of America do
enact, That whenever the surgeon attached to any regiment, battal-
ion, or separate post shall certify that any private or non-commissioned
officer of such regiment, battalion, or separate post is incapable of
performing military duty by reason of sickness, and that the health
of said private or non-commissioned officer will, in his opinion, be
improved by a temporary sojourn at home, the colonel or other officer
commanding such regiment, battalion, or separate post may grant a
furlough to said private or non-commissioned officer for such time as
maybe thought proper by said colonel or other commanding officer:
Provided, That upon the certificate of the principal surgeon of any
Government hospital that any sick or disabled soldier is too remote
from his commanding officer to procure his certificate for a furlough
or discharge without inconvenience and delay, such soldier may be
furloughed or discharged upon the recommendation of such surgeon
by the commandant of the nearest post.

Sec. 2. Whenever it shall appear from the written statement of any
private or non-commissioned officer of any regiment, battalion, or
separate post, approved by the captain or other officer commanding
the company to which said private or non-commissioned officer is
attached, that it is indispensable to the pecuniary or family interest
of said private or non-commissioned officer that he should visit home,
the colonel or other officer commanding such regiment, battalion, or
separate post may, in his discretion, grant a furlough to said private
or non-commissioned officer for a period not exceeding ten days, with
an allowance of such additional time as may be required for him to
reach home and return to his post: Provided, however. That said
colonel or other commanding officer shall not grant furloughs for the
cause and in the manner stated in this section to such number as
to exceed at any time 5 per cent, of the force actually under his
command.

CONPEDEKATE AUTHORITIES. 901

Sec. 3. In all cases where furloughs shall be granted under this act
the notice of such furlough, required by existing regulations, shall
be given.

Congress, January 16, 1862.
Read first and second times.

January 22, 1862.
Read third time and passed.

J. J. HOOPER,

Secretary.

Executive Department,
Nashville, Term., February 1, 1862.
Hon. William M. Browne,

Assistant Secretary of State, Michmond, Va.:
Sir : In compliance with your letter of the 16th ultimo, by direction
of His Excellency Governor Harris I have forwarded to you the pub-
lished records of the State, messages of His Excellency, &c., in regard
to the separation of Tennessee from the United States, &c., and here-
with forward certified aggregate vote touching the several elections
before the people.

Very respectfully,

NASH H. BURT,
Private Secretary.

[Inolosnre.]

I, J. E. R. Ray, secretary of state, hereby certify that the following
is the aggregate vote of the State of Tennessee, cast at an election
held in said State on the 9th day of February, 1861, and in pursuance
of an act of the General Assembly of said State passed the 19th day of
January, 1861, to wit:

For convention 59,449

Against convention _ 68,382

I further certify that at an election held on the 8th day of June, 1 861,
in pursuance of an act of the General Assembly of said State passed
on the 6th day of May, 1861, the following vote was cast, to wit:

For separation. 108,399

For no separation _ _ _ 47, 333

For representation 107, 713

For no representation 47,359

I further certify that at an election held on the 1st day of August,
1861, in pursuance of an act of the General Assembly of said State
passed on the 28th day of June, 1861, the following vote was cast, to
wit:

For the permanent constitution 89, 449

Against the permanent constitution - 28, 417

In testimony whereof I have hereunto set my hand and afl&xed the
great seal of the State at office on this the 31st day of January, A. D.
1862.

J. E. R. RAY,

Secretary of State.

902

[Febrttaby 1, 1862. — For J. E. Johnston to Benjamin, in relation
to furloughs for re-enUstment, &c., see Series I, Vol. V, p. 1057.]

Richmond, February 1, 1862.
Hon. J. P. Benjamin,

Secretary of War:

Sir: The President having been kind enough to allow me to reor-
ganize my legion on a larger footing and on a somewhat different plan,
I beg to lay before you the scheme of my proposed organization, that
it may receive, as I trust it will, your sanction. I desire to bring in
for the war a brigade, to consist of from two to four regiments of
infantry, each regiment to have a company of artillery and one or two
of cavalry. This would give force enough to constitute a very strong
brigade, and yet the formation of it would not preclude its being
thrown with other troops. The legion will furnish, I think, the basis
for one regiment and will give an artillery battalion. I propose to
call for volunteers for the war at once, and the President says that I
may receive any unattached companies that may offer. Of course
I should notify you of all that offer, and I beg to be allowed to receive
any suitable regiment which may be now ready for service and
unattached.

The term of service of the legion expires on June 12, and I am
anxious to proceed to its reorganization at once.

Hoping that the plan submitted to you may receive your approval,
I am, very respectfully, your obedient servant,

WADE HAMPTON,

Colonel of Legion.

Confederate States op America, War Department,

Richmond, Va., February 2, 1862.
John Gill Shorter,

Governor of Alabama, Montgomery, Ala. :
Sir: In compliance with the recent act of Congress, entitled "An
act to authorize the President to call upon the several States for
troops to serve for three years or during the war," I am instructed by
the President to call upon the Governors of the several States to fill
up the quota of troops enlisted for the war to an amount eqtial to C
per cent, of the total white population. According to this basis the
number of troops still required from the State of Alabama would be
15,351; but the State has furnished, in addition to the troops for the
war, 9,970 men for twelve months, and it is deemed safe to rely upon
the re-enlistment of half that number under the act of Congress pro-
viding bounty and furlough for re-enlisted men. I have, therefore,
the honor to request Your Excellency to furnish from the State of Ala-
bama twelve regiments of troops for the war, being the number that
will be required, as nearly as can now be estimated, to supply the
quota of your State. These troops will be mustered into service
at convenient camps of instruction, which you are respectfully
requested to select, and will there be clothed, supplied, and armed at
the expense of the Confederate States. Each soldier will receive a
bounty of $50 when the regiment or company is mustered into service
and will be allowed transportation from his home to the place of
rendezvous. It is earnestly desired that the troops now called for be

CONFEDERATE AUTHORITIES.

903

ready to take the field by March 15 at furthest. If subsequent experi-
ence shall show that the number of twelve-months' volunteers who
re-enlist varies materially from the estimate above made, this requi-
sition will be modified accordingly.*

I am, very respectfully, your obedient servant,

J. P. BENJAMIN,
Secretary of War.

AN ACT supplemental to an act entitled " An act providing for the granting of
bounty and furloughs to privates and non-commissioned ofiBcers in the Provis-
ional Army."

The Congress of the Confederate States of America do enact, That
the provisions of the above-entitled act, so far as the same are appli-
cable to re-enlistment of twelve-months' volunteers, be, and the same
are hereby, extended to troops now in the service of any State for a
term not less than three months who may re-enlist in the service of
the Confederate States, according to provisions of said act, for a
term which, added to their present term of service, may amount to
three years.

Approved February 3, 1862.

AN ACT to authorize certain financial arrangements at the Treasury.

Wliereas, by the act entitled "An act supplementary to an act
to authorize the issue of Treasury notes, and to provide a war tax
for their redemption," approved December twenty-fourth, eighteen
hundred and sixty-one, Treasury notes to an amount not exceeding
$30,000,000 were authorized to be converted into bonds bearing inter-
est at the rate of 6 per cent, per annum, which bonds should, at the
option of the holders, be reconvertible into Treasury notes ; but no
appropriation of Treasury notes to be exchanged for said bonds was
made: Now,

The Congress of the Confederate States of America do enact, That
any Treasury notes in the Treasury not otherwise appropriated are

*The same, mutatis mutandis, ia Governors Rector, of Arkansas ; Milton, of
Florida; Brown, of Georgia; Moore, of Louisiana ; Pettus, of Mississippi ; Clark,
of North Carolina ; Pickens, of South Carolina ; Harris, of Tennessee ; the Gov-
ernor of Texas, and Letcher, of Virginia ; the call upon the several States being
as follows :

Arkansas

Florida

Geor^a

Louisiana

Mississippi

North Carolina
Soutli Carolina

Tennessee

Texas

Virginia

■2

17,382
4.614
15, 715
9,734
16,343
32,548
12, 590
SO, 021
15, 975
64,342

a °S£

17, 565
4,950
10, 610
10,630
20,625
22,900
17, 410
48, 050
6,635
54,950

11
il*

26
5
32
15
47

904 COEKESPONDENCE, ETC.

hereby appropriated and may be applied by the Secretary of the
Treasury to the redemption of the said bonds.

Sec. 2. And be it further enacted, That for the purpose of provid-
ing such coin as may be required for the use of the Government, the
sum of $2,000,000 is hereby appropriated, to be drawn and applied by
the Secretary of the Treasury from time to time as the public exigen-
cies may require.

Approved February 3, 1862.

AN ACT supplementary to an act entitled "An act to amend an act entitled 'An
act to raise an additional force to serve during the war, and for other pur-
poses,' " approved May eighth, eighteen hundred and sixty-one.a

The Congress of the Confederate States of America do enact, That
the second section of the above-recited act, requiring the election of
field and company oflcers by regiments and companies, shall not
apply to companies, battalions, and regiments raised under the
fourth section of said act; but the ofScers appointed by the Presi-
dent to raise such companies, battalions, and regiments shall be the
officers of the same ; and the commissions of such officers granted by
the President shall, when their respective commands are fully organ-
ized, be absolute.

Approved February 3, 1862.

A BESOLUTION supplemental to the resolution entitled "A resolution appoint-
ing John D. Morris, of Kentucky, a receiver under the act of sequestration,
approved August thirtieth, eighteen hundred and siity-one," and which was
approved by the President on the sixteenth of December, eighteen hundred
and sixty-one.

The Congress of the Confederate States of America do resolve, That
in all cases in any court of the Confederate States instituted by
authority of the above-mentioned resolution, whenever it shall appear
to the court that the documentary evidence of witnesses necessary to
establish the facts alleged in the petition, and authorize the judg-
ment of the court, are situated within the territorial limits occupied
by the public enemy, the court may, in its discretion, admit on the
hearing the following articles of documentary and testimonial proof:
First. A copy of any report or enunciation of the bank that it had
loaned or extended pecuniary aid to the United States or the govern-
ment of Kentucky waging war against the Confederate States; and
such report or enunciation may be read from what shall appear to be
a copy or statement of its substance in the journals or session acts
of the Legislature of Kentucky, or from any periodical journal of
the State published within the dominions of the enemy, or testi-
monial proof of the substance of the contents of such documents.
Second. Testimonial proof in parol, in letters or any other form of
paper writing, of the admission of the president or cashiers of the
bank that such loan or pecuniary aid had been made or afforded to
the enemy. Third. Circumstantial evidence of facts from which the
facts necessary to make out the case are fairly inferable. But in

a The title of the act referred to in the title to the above act is not correctly set
forth. The act referred to was approved January 33, 1863.

CONFEDERATE AUTHORITIES. 905

every case the ofEer of sucli proof shall be accompanied with the affi-
davit of the receiver that he believes the facts which such evidence
tends to prove are true.
Approved February 3, 1862.

Mobile, February 3, 1862.
His Excellency Jefferson Davis,

President of Confederate States of America:

Sir: The subject of permitting cotton to leave our Southern ports
clandestinely has had some attention from me, and I have come to the
conclusion that it is a Yankee trick that should have immediate atten-
tion from the governmental authorities of this country. The pretense
is that we must let it go forward to buy arms and other munitions of
war, and I fear the fate of the steamer Calhoun illustrates the desti-
nation of these arms and munitions of war after they are bought with
our cotton. Her commander set her on fire and the Yankees put her
out just in time to secure the prize. This cotton power is a momentous
question and one that claims consideration from the greatest philoso-
phers of the age in political as well as financial matters, and I would
ask that the attention of the Congress of the Confederate States be
called to the interdiction of the export of cotton from all the Confed-
erate ports until the close of the war or the negotiations of treaties of
amitj' and commerce with the nations of Europe that may want cotton
from us for their consumption. This leaky blockade system should
be deprecated as one that the parties to it are either dupes or knaves,
and not in the least calculated to demonstrate the fact that our cotton
crops are a necessity to the commerce of the world. If it is not, the
sooner we know it the better, that we may engage in other profitable
pursuits; and if it is, Eui-opean nations shotild know it, and should
also know that our consent to their obtaining it is an essential part of
the transaction, and without which I fear we will lose the power that
cotton ought to give to our country.

I have the honor to be, with great respect, your obedient servant,

A. B. MOORE.

[February 3, 1862. — For R. W. Johnson to Benjamin, in relation
to the re-enlistment of Arkansas troops, &e., see Series I, Vol. LHI,
P- 781.]

Confederate States of America, War Department,

Eichmond, Va., February S, 1862.
G. W. Johnson,

Governor of Kentucky, Bowling Green, Ky.:
Sir : Congress has recently passed a law entitled ' ' An act to author-
ize the President to call upon the several States for troops to serve for
three years or during the war." In accordance with its provisions I
have been instructed by the President to make a call on the several
States for a number of men, to be enlisted for the war, sufficient to fill
up a quota equal to 6 per cent, of the entire white population. Under
these instructions the number of troops required from your State
would be about 46,000 men, or about fifty-eight regiments, averaging
800 men each. Under the peculiar circumstances in which Kentucky
is placed and the difficulties which embarrass her authorities I cannot

906 COKEKSPONDENCE, ETC.

hope that you will be able at present to meet this call, which it is, how-
ever, my duty to make.

I therefore respectfully call upon Your Excellency to have raised
and mustered into the Confederate service the above-named number
of regiments, or as many thereof as it may be possible for you to
obtain. These regiments, as formed, will be mustered into the Con-
federate service, and will report, as fast as mustered, to General A. S.
Johnston, at his headquarters. They will be clothed, subsisted, and
armed at the expense of the Confederate States, and each man viU
be entitled, when his company is mustered into service, to receive a
bounty of $50 and transportation from his home to the place of
rendezvous.

It is earnestly hoped that Your Excellency will spare no pains to
have your troops ready for the field as promptly as possible. They
will be joined by large re-enforcements from your sister States, and it
is confidently believed that but a short period will elapse ere the soil
of Kentucky will be freed from the oppression of the invader, and
your whole people will be enabled to unite in a common effort for
securing the blessings of peace and independence.

I am, very respectfully, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

CONFBDBKATE STATES OF AMERICA, WAK DePABTMENT,

Bichmond, Va., February 3, 1862.
C. F. Jackson,

Governor of Missouri:

SiK: Congress has recently passed a law entitled "An act to author-
ize the President to call upon the several States for troops to serve for
three years or during the war," and in accordance with its provisions
I have been instructed by the President to make a call on the several
States for a number of men, to be enlisted for the war, sufRcient to
fill up a quota equal to 6 per cent, on the entire white population.
Under these instructions the number of troops reqitired from your
State would be about 71,000 men, or eighty-nine regiments, of 800 men
on an average. Under the peculiar circumstances in which Missouri
is placed and the diflculties which embarrass her authorities I cannot
hope that you will be able at present to meet the requisition, which it
is, however, my duty to make.

I therefore respectfully call on Your Excellency to raise and have
mustered into the Confederate service the abov^named number of
regiments, or so many thereof as it may be possible for you to obtain.
These regiments will be called into camps of instruction, which you
are invited to select. They will there be clothed, subsisted, and
armed at the expense of the Confederate States. Each man will
receive a bounty of $50 when mustered into service, as well as trans-
portation from his home to the place of rendezvous.

It is earnestly hoped that Your Excellency will spare no effort to
have your troops ready for the field by March 15, at which date it is
confidently believed you will be joined by the forces of your sister
States in such numbers as will enable us, by conjoint effort, to drive
the invader from the soil of Missouri.

I am, respectfully, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

CONFEDERATE AUTHORITIES. 907

Richmond, February S, 1862.
Lieutenant-Colonel Roberts,

Asst. Adjt. Gen., Army of the Potomac, Richmond, Va.:
Sir: I am instructed by the Secretary of War to direct that you
proceed to the district of country between the left bank of the Trinity
River and the northern and eastern boundary of Texas, therein to
organize and to muster into service for the war five infantry regiments.
Establish your depot or principal rendezvous at some point within
that district eligible for Its accessibility and abundance of the sup-
plies which may be necessary for the support and comfortable main-
tenance of the troops to be organized. These regiments you will
organize and muster into service yourself, by companies, as soon as the
latter reach their full complement of men and officers. The men of
these regiments will be authorized to mount themselves on horses or
mules for transportation to their field of action, receiving 10 cents per
mile as commutation of transportation and to cover risks of loss by
the way. Upon reaching their destination these animals will be
appraised, purchased, and paid for by the Government in currency,
and in all cases must have been approved by a Government officer to
be designated for that purpose before leaving Texas, which fact should
be Indicated upon the muster-roll opposite each man's name in the
column of remarks. These regiments will be armed by the Govern-
ment. A quartermaster and a commissary will be sent out, provided
with the necessaiy funds to meet the current expenses of the troops
as they are organized. In mustering and swearing in the troops have
special regard to their physical capabilities, receiving no man likely
to entail expense upon the Government by feeble health and probable
incapacity to perform a soldier's duty. Your reports will be made
directly to this office, and the troops organized under these instruc-
tions will be subject only to orders given by the War Department
while remaining in Texas, of which fact General Hubert will be
advised. After deciding, report promptly the point of rendezvous
decided upon, giving the nearest post town and its county.
I am, sir, respectfully, &c.,

R. H. CHILTON,
Assistant Adjutant- General.

[February 3, 1862. — For Pickens to Davis, in relation to claim for
arms belonging to the State of South Carolina, see Series I, Vol. VI,
p. 372.]

Confederate States of America, War Department,

Richmond, February S, 1862.
Col. Wade Hampton,

Richmond, Va.:
Sir: Your letter of the 1st instant, explaining your plan for the
reorganization of the Hampton Legion, which you had already sub-
mitted to the President, has been received. In reply, I approve the
proposed plan, with the remark, however, that we have no " unat-
tached regiments" which could be made available for this object.

Respectfully,

^ J. P. BENJAMIN,

Secretary of War.

908

Executive Depaetment,

February 4, 1862.
To the Congress of the Confederate States:

Gentlemen: I return, with my objections, the bill entitled "An act
to repeal so much of the laws of the United States adopted by the
Congress of the Confederate States as authorizes the naturalization of
aliens." My objections are the following, viz:

First. The bill does not save the rights of aliens who were domiciled
in the Confederate States at the beginning of this revolution and had
already commenced the proceedings necessary to their naturalization.
It woidd be manifest injustice to such aliens as have remained among
us and have sympathized with and aided us in our struggle to cut
them off from these rights, at least inchoate, and deprive them of the
boon held out to them by laws to which we were assenting parties at
the time they emigrated to the Confederacy.

Second. While there is perhaps no direct prescription of the Con-
stitution making it the duty of Congress to establish a rule of natu-
ralization, I submit that in addition to the grant of that power made
to Congress the States in the permanent Constitution have surrendered
the power formerly exercised by some of them of permitting aliens to
vote even in State elections until naturalized as citizens of the Con-
federate States — Article I, section 2. A comparison of these provis-
ions leads to the conclusion that it was in contemplation of the States
that Congress should exercise the power vested in it, and it does not
appear to me to be a fair compliance with the just expectations of the
States to repeal in mass all laws providing for the naturalization of
aliens without substituting some other system that may commend
itself to the wisdom of Congress.

These are my special objections to the act as passed, but I beg per-
mission to say that the general policy indicated by its provisions
appears to be at least questionable. That there is no present neces-
sity for such legislation is obvious, for there has not been, and we
cannot expect there will be, immigration, except on the part of such
as are disposed to aid us in our struggle. To the future, which may
well be left to take care of itself on this subject, it is submitted whether
legislation intended to effect entire exclusion from citizenship of all
who are not born on the soil will be deemed in accordance with the
civilization of the age.

In conclusion, it can scarcely be necessary to point out the evil
effects that may be produced on aliens now serving in our Army and
on those of our fellow-citizens who are of foreign birth, by what wiU
be considered as a legislative stigma cast on them as a class.

JEFFERSON DAVIS.

Confederate States of America, War Department,

Richmond, Va., February 4, 1862.
The President:

Sir: The crops of sugar and molasses in Louisiana are very large
and the prices unusually low. The rations, as now distributed to the
troops, are deficient in many articles which cannot be procured,
especially as regards coffee, candles, and soap. It has occurred to me
that no article will be more acceptable to our troops than molasses as
an addition to their diet and as a substitute for the deficiency in coffee.
I am informed that the men buy it eagerly at exorbitant prices from

CONFEDERATE AUTHORITIES. 909

the sutlers. A gallon of molasses will form a ration for thirty-two
men, at one gill per man, and the cost of the ration will be less than
one cent at present prices. Molasses and sugar for a year's supply
can now be purchased for Confederate bonds, and I respectfully
recommend that this be done at the present low rates. I inclose an
estimate of the amount required and respectfully request that you wiU
submit this recommendation and estimate to Congress.*
Your obedient servant,

J. P. BENJAMIN,

Secretary of War.

Executive Department,
MilledgevUle, Ga., February 4, 1862.
Hon. J. P. Benjamin,

Secretary of War, Richmond, Va.:

Deae Sir: By reference to the fourth section of an act of Congress
entitled "An act providing for granting of bounty and furloughs to
privates and non-commissioned officers in the Provisional Army,"
which I see published in the newspapers, I find that provision is made
for reorganizing troops now in service who revolunteer or re-enlist into
companies, battalions, and regiments, by election of their ofl&cers, and
after first election vacancies to be filled by promotion, &c. As some
company elections of this character have been held by men in compa-
nies belonging to Georgia regiments now in the service of the Confed-
eracy, but whose term of service has not yet expired, and the election
returns have been forwarded to this ofllce requesting commissions, I
venture to trouble you with this note of inquiry, hoping that I may
learn what is your construction of the section above referred to.

First. Is it your construction that the company and field officers
elected under the provisions of this act are to be commissioned by
you or by the Governors of the respective States to which the troops
belong?

Second. Do you or not draw any distinction in reference to the
authority to commission between those troops who entered the Conf e.d-
erate service through State authority, bearing commissions from the
Executives of their respective States, and those who entered independ-
ent of State authority and were commissioned by the President, or
must all when they re-enter the service under the late act be commis-
sioned by the same authority which commissioned them at first?

Third. Upon what terms, if any, will State troops now in State
service for a term of six months be permitted to re-enlist-for Confed-
erate service, and from whom will their officers, when the companies,
battalions, or regiments are organized, receive commissions under the
act above referred to ?

Fourth. What construction do you place upon the words " resenring
to the States respectively the appointment of the officers" in the six-
teenth item of the eighth section of the first article of the Constitu-
tion of the Confederate States ? I beg leave to assure you that it is
my sincere desii-e in this eventful period of our history to avoid all
conflict between the State and Confederate Governments, as I have no
hope of the future permanence of our institutions unless each confines
itself within the sphere assigned to it by the Constitution and care-
fully avoids the assumption of powers which properly belong to the

* Estimate not found as an inclosure.

910

otiier. As the questions to which the above inquiries relate are soon
to be of practical importance, and as your decision may to some extent
affect the action of the troops, I beg your forgiveness for this encroach-
ment upon your valuable time and respectfully solicit an early reply.
With an ardent desire for the early triumph of our arms and the
establishment of our Government upon an equitable and permanent
basis,

I have the honor to be, j'^our obedient servant,

JOSEPH E. BROWN.

[February 4, 18G2. — For General Orders, No. 21, Department of
Northern Virginia, appealing to the t\velve-mon*ihs' troops to re-enlist,
&c., see Series I, Vol. V, p. 1060.]

[February 5, 1862. — For Benjamin to Price, in relation to organ-
ization of troops in Missouri, &c., see Series I, Vol. VIII, p. 747.]

Executive Department,
Richmond, Va., February 5, 1862.
Hon. J. P. Benjamin,

Secretary of War:
Sir: I have had the honor to receive this day your letter of the 2d
instant calling upon me, under a recent act of Congress, to furnish
"troops to serve for three years or during the war."

I have communicated your letter to the General Assembly, in secret
session, and have urged upon the two houses the necessity of imme-
diate action to enable me to comply with the requisition by the day
indicated in your letter.
Respectfully,

JOHN LETCHER.

A RESOLUTION in regard to the transfer of certain Indian trust funds to the

Confederate States.

Besolved by the Congress of the Confederate States of America, That
the Government of the Confederate States hereby agrees to indemnify
the several States of this Confederacy against any loss or liability
incurred by them because of the payment or transfer, on the part of
the said several States to the Government of the Confederate States,
of any stocks, bonds, or funds belonging to certain Indian tribes or
members thereof, in pursuance of the acts of the Congress of May
twenty-first, eighteen hundred and sixty-one, and January tenth,
eighteen hundred and sixty-two.

Approved February 6, 1862.

[February 6, 1862. — For Rector to Benjamin, in relation to Van
Dorn's call on Arkansas for 8,500 men, see Series I, Vol. VIII, p. 748.]

CONFEDERATE AUTHORITIES. 911

Richmond, February 7, 1862.
General R. E. Lee,

Coosawhatchie, S. C:
Sir: Ship carpenters, engine builders, boiler makers, and other
artisans usually employed in the construction of steamers are required
for the public service in Virginia. The Secretary of War desires that
j'ou will allow S. W. Corbin, master carpenter, Navy, to post notices
and advertisements for such, inviting all who are willing to be
detailed for such service to hand in their names. These, or as many
as can be spared without weakening your forces overmuch, you will
immediately detail and send with dispatch to this city, directing the
ofiicer in charge of them to report to the Secretary of the NaA^.
Inclosed is a copj' of the advertisement which Mr. Corbin is author-
ized to put up and which you will cause to be read to the troops
under your command.

By direction of the Secretary of War:

Very respectfully, your obedient servant,

S. COOPER,
Adjutant and Inspector General.

[Inclosure.]
MECHANICS. Wr ANTED IN VIRGINIA.

Ship carpenters, engine builders, boiler makers, and other artisans
usually employed in the building and iitting out of steamers, who are
willing to be detailed for the piirpose of working for the Government
at their trade in Virginia, are requested to hand in their names to the
undersigned. Those whose services may be accepted will be furnished
with transportation to Richmond, and will receive the wages allowed
to the corresponding classes of workmen at the Norfolk Navy- Yard,
which vary from — to — a day, according to qualification. The pay
will commence from the day on which the detail is ordered, and when
their times are out the men will be furnished with free tickets over
the railroads leading to their domiciles.

S. W. CORBIN,
Acting Master, Confederate Navy.

Confederate States of America, War Department,

Richmond, February^ 7, J8G2.

Maj. N. R. Gary,

Late Thirty-ninth Regiment Virginia Vols., Smithfidd, Va.:
Sir: You are authorized to accept the enlistment of volunteers, and
to muster into service companies for three years or the war, to be
organized into a battalion, electing its own field officer as soon as a
sufficient number of companies are mustered. These enlistments will
be binding from the date of enrollment, and you are authorized to
establish a convenient rendezvous, and to make requisition for their
transportation and subsistence to the place of rendezvous, and for
their subsistence there until regularly organized. Should you at the
end of two months from this date have failed to organize a full bat-
talion you will report the number of companies mustered and the
number of men enlisted, stating what proportion thereof are members
of the late Thirty-ninth Virginia Regiment, when such orders will be

912 COERESPONDENCE, ETC.

issued for their further organization as may be deemed expedient,
regarding, so far as may be consistent with the interests of the service,
the wishes and the composition of the companies.
Respectfully,

J. P. BENJAMIN,

Secretary of War.

Richmond, February 9, 1862.
Governor H. M. Rectoe,

Little Rock:
The funds will be placed at once in the hands of the quartermaster
to pay bounty for men who enlist for the war.

They will be subsisted as fast as raised and transportation paid to
place of rendezvous. Establish camps at convenient points and I will
order subsistence supplied at the camps and money to pay bounty.
Let me know where you fix your camps.*

J. P. BENJAMIN,

Secretary of War.

AN ACT to provide for connecting the Kichmond and Danville and the North
Carolina Railroads for military purposes.

The Congress of the Confederate States of America do enact, That
the President be, and he is hereby, authorized and empowered to con-
tract, upon such terms and conditions as he may think proper, with any
company or companies which have been, or may be, incorporated and
organized for the purpose of building and working a railroad or rail-
roads, so as to connect the Richmond a.nd Danville Railroad with the
North Carolina Railroad, at such points as he may deem most advan-
tageous to the Government, or to adopt such other course for building
or working, or having the said railroad built and worked, so as to
effect the said connection in the manner he may think will best pro-
mote the public interest.

Sec. 2. Be it further enacted, That, to enable the President to
accomplish the object contemplated by this act, the sum of $1,000,000
in bonds of the Confederate States is hereby appropriated, to be
issued and applied, by order of the President, at such times and in
such sums as he may deem proper.

Approved February 10, 1862.

MiLLEDGEViLLE, February 10, 1862.
Hon. J. P. Benjamin:

Will you receive cavalry, or is the call intended to do for twelve
regiments of infantry ? The term used in your requisition is troops.
I shall establish three camps of instruction. Please designate one or
more agents who have funds to supply tents and provisions as fast as
companies arrive, and designate quartermasters, commissaries, and
surgeons. Please answer immediately.

JOS. E. BROWN.

* This in reply to Rector of February 6, Series I, Vol. VIII, p. 748.

confederate authorities. 913

Executive Department,
Milledgeville, Ga., February 10, 1862.
Hon. J. P. Benjamin,

Secretary of War, Eichmond, Va.:
Sir: Your requisition for twelve additional regiments of troops
from Georgia to serve during the war is this day received, in which
you request me to select camps of instruction where the men are to
rendezvous, and if possible that I have them ready for service by the
15th day of March. You also say that the troops when mustered
into the service will be clothed, equipped, and armed at the expense
of the Confederate States. I will do all in my power to fill the requi-
sition, bi^t I greatly fear it will be impossible to do so within the time
mentioned by you. It is now a very difficult matter to get a company
of volunteers for the war. If I should' be under the necessity of
resorting to a draft, I cannot possibly get the orders to every part of
the State, have the drafts made, and get the troops in camp by the
15th of March. No effort shall be wanting, however, on my part. I
will establish three camps of instruction — one at Camp McDonald,
seven miles above Marietta, on the Western and Atlantic Railroad;
one at Camp Stephens, at Griffin, and one at Station No. 3, on the
Central Railroad, twenty miles from Savannah. As the troops will
need tents and provisions as soon as the first companies arrive, I
must request that you send supplies to each of these three points
immediately, and that you order to these places quartermasters, com-
missaries, and surgeons, who will take charge of the troops as they
arrive. Will you please inform me by telegraph who is your agent
or officer at each point with whom I can advise, and who will super-
intend the purchasing of the necessary supplies, &c.? As the time
within which the troops are required is very short, I must beg you to
act promptly and provide for the supplies afc once. May I beg a reply
to mj' letter of the 4th instant ?
Verv rospectfullj',

JOSEPH E. BROWN.

Department of the Military, South Carolina,

Columbia, S. C, February 10, 1862.

The Governor and Executive Council:

On the 31st day of December, 1860, the people of South Carolina in
convention assembled passed the following resolutions :

Resolved, That the Governor be authorized and requested forthwith to be caused
to be enlisted into the service of the State for the term of twelve months, at such
rates of compensation and emolument as are now allowed by the Federal Gov-
ernment, one regiment of 640 privates, to be divided into eight companies, and
that he appoint suitable persons to command the said regiment and companies,
and from time to time to supply vacancies, subject to the approval of the Senate ;
the said officers to be entitled to the same pay and emoluments as is allowed by
the Federal Government to officers of similar grade in that service. And that
the Governor be also authorized, whenever the public interest may in his opinion
require it, to enlist for a period not exceeding twelve months another regiment
with a like number of officers and privates, and like pay and emoluments, the
officers to be appointed in the same manner as the former.

Resolved, That the Governor be also authorized to appoint three or more engi-
neers, and to organize a corps as soon as the same can be done ; the rank of the
chief to be that of a captain of engineers, and the pay and emoluments to be the
same as are allowed by the Federal Government to officers of the like employ-
ment and rank.

58 R R — SERIES IV, VOL I

914 CORRESPONDENCE, ETC.

Resolved further, That as soon as a siifficient mirnber of companies shall be
enlisted, officered, and properly drilled, they be employed to relieve the volun-
teers now in possession of the forts of this State.

On the 28th day of January, 1861, the Legislature took up the sub-
ject, developed the idea, and passed an act entitled "An act for cre-
ating a military establishment for the State of South Carolina, and
for other purposes." This act provides in detail for a regular mili-
tary force, for the appointment of a brigadier, for colonels and other
officers, for a battalion of artillery, a regiment of infantry, and a
squadron of cavalry, &c., and by the ninth section provides "that all
officers created bj"^ the provisions of this act shall be appointed by the
Governor, by and with the advice and consent of the Senate, but
should vacancies occur or remain unfilled during tlie recess of the
Legislature the Governor shall have power to fill the vacancy by
commission to extend until the close of the next session of the Legis-
lature." In the thirteenth section it is enacted "that the officers and
soldiers which have been appointed and enlisted under the provisions
of resolutions and acts already in force shall be considered as a part
of the force authorized and organized by this act," <fce.

The foregoing resolutions of convention and act of the Legislature
were passed after secession and while the State was independent and
unconnected with any other in confederate bonds.

In March, 1801, after confederation with other States, the conven-
tion having reassembled, among other things passed the following
resolution :

Resolved, That it is proper that the regular troops which have been enlisted in
the service of the State should be transferred for the remainder of their enlist-
ment to the service of the Confederate States, but that in doing so justice requires
that all the ofScers should receive commissions of the same grade for at least the
period of enlistment of the troops, and that the Governor of the State be author-
ized to make arrangements accordingly for such transfer with the President of
the Confederate States and to endeavor to preserve, if practicable, the rank of all
the officers.

By this resolution it evidentlj' appears that it was the intention of
the convention to transfer the troops as regulars, and if the transfer
should be thus accepted to negotiate foi- the retention of the same
officers, with new commissions to be given by the President. In
scanning all the evidence which we are able to obtain, it manifestly
appears that the purpose of the convention was not effected; that the
troops 'were not received as regulars in the service of the Confederate
States, and that the officers were not commissioned by the President.

General Jamison was sent to Montgomery to negotiate with the
Confederate Government the terms of the transfer as directed by the
State authority. In a communication from him, which is now before
me, he says:

In my negotiation with him (the Secretary of "War, Mr. Walker) about the
troops, I proposed to turn over all the forces crdisted in the service of South
Carolina, so that they should form the nucleus of the Regular Army of the Con-
federate States, and I made no resei-vation but that the forces so turned over
should be retained to keep up the ganisons in Charleston Harbor during the
continuance of the war.

In the same communication he states also that he could not get the
Secretary of War to take definite action on the subject, except to
consent to the appointment of Capt. C. II. Simon ton as agent to
receive the troops, &c. Mr. Simonton informs me that ho did not act
in this matter, but that the troops were mustered into Confederate
service by General D. R. Jones, who was then assistant adjutant-
general of the Provisional Army. Another source of evidence is

CONFEDERATE AUTHORITIES. 915

found in the testimony of the ofBcers who were received and mustered
into the service. It appears that they were received and mustered
into service as volunteers from South Carolina, and that they have
received and held no other commission than that derived from this
State. It is further true that Governor Pickens, in whom was vested
the power to appoint officers and fill vacancies, did at first, under his
interpretation of the last resolution of the convention on this subject,
decline to exercise the power and referred it to the President. It is
equally true, as we are informed, that the President did also decline,
affirming that the power was properly in the Governor; and this is
substantiated by several facts — by the opinion then given by the
Attorney-General, now Secretaiy of War; by several communications
from Confederate officers, and the consequent uninterrupted and
unquestioned practice of the Governor since that time.

On the nth of July, 1861, Mr. Julius M. Rhett applied to the Sec-
retary of War at Richmond for an appointment to a second lieuten-
ancy in the battalion of the State regular artillery. On the 19th of
the same month the following reply was sent to him from the War
Department of the Confederate States of America:

Julius M. Ehett, Esq.,

Clmrleston, S. C:
Sir : In reply to your letter of the 11th instant I am directed by the Secretary
of War to say that such vacancies as are referred to in the docmnents that accom-
panied your letter are filled under State organization.
Respectfully,

A. T. BLEDSOE,
Chief of Bureau of War.

On the 25th of July, 1861, Thomas S. Mills, Avho was at that time
assistant adjutant-general under Col. R. H. Anderson, in the State
regular regiment of infantry, received a communication from R. H.
Cliilton, assistant adjutant-general, Richmond, Va., which contains
the following language:

In reply to your inquiry respecting the rules to be observed in filling up vacan-
cies occurring in regiment under your command, the Secretary of War derives
the following decision from opinion given by the Attorney-General.

Then comes the opinion :

When troops are organized under State laws, and received into service as so
organized, as, for instance, by battalions or regiments, all vacancies occurring
are filled according to State laws, &c.

Now, it is submitted that the troops in question were organized
under State laws and received into service as so organized by bat-
talion and regiment and with officers commissioned by- the State;
that the organization was never changed in any manner whatever,
for although the convention desired to turn them over as enlisted
troops and negotiate for the same rank for their ofQeers, &c., yet this
was declined and has never been done by the Confederate Govern-
ment; but, on the contrary, they were received and have always been
regarded and treated as State organizations, both by State and Con-
federate authorities and officers. This was also the way in which
they were regarded and treated by Brig. Gen. R. H. Anderson, Pro-
visional Army, as appears by his letter of 27th of July, 1861, in which
he transmits a copy of instructions above quoted to Captain Simon-
ton, assistant adjutant and inspector-general of South Carolina, and
asks "very respectfully to press upon His Excellency Governor
Pickens speedy promotions and appointments in the State regular
artillery and infantry." Subsequently, to wit, on the 13th day of
December, 1861, the present Secretary of War and former Attorney-

916 CORRESPONDENCE, ETC.

General, in a letter to Governor Pickens, supposes that his opinion
already quoted was misapprehended, and says :

In an opinion delivered by me when Attorney-General I decided in relation to
volunteers that those called for from the States and organized under State laws
were to be officered by the States, while those which were tendered directly to
the Confederate Government in companies, regiments, or battalions were Con-
federate troops, to be officered under Confederate appointment, &c.

It is respectfully submitted that whatever was intended to be
decided the Attorney-General has mistaken the decision made in his
first opinion. The decision was in relation to troops organized under
State laws, no matter whether volunteers or not, "and received into
service as so organized, as, for instance, by battalions or regiments ;
the vacancies occurring are to be filled according to State laws, but
when independent companies are tendered as siich and so received
by the President all vacancies are filled by liis appointment."

The Secretary of War in his last commimication makes a distinc-
tion between those volunteering under a call ujjon tlio States and those
in service tendered by the States. The act of the Confederate Con-
gress authorizing the President to receive such forces makes no such
distinction. (See sections 3 and 4, act of Provisional Congress,
approved February 28, 1861. ) His power of appointment is therefore
confined to general officers. Nor can any distinction be found in rea-
son, unless, indeed, the States tendering should be regarded with
greater favor than States permitting volunteers to tender themselves
under a call. Under the decision of the Confederate authorities, by
their request, and we think in accordance with the law of the Confed-
erate States, the Governor has filled all vacancies which were to be
filled by appointment. And the Legislature of this State, also acting
under the sanction of these opinions and practice, has recently appro-
priated $35,000 for recruiting and re-enlisting men in the regiment of
infantry and battalion of cavalry, and to raise the battalion of artil-
lery to a regiment. Putting aside the legal aspects of the question,
and taking into view only the assent and instigation of the Confederate
authorities in establishing the mode of appointment as practiced for
so long a period, and the action of the Legislature induced by such an
established practice, we think that a change now would be not only
unjust, but would produce confusion and injury to the public service.

It appears, therefore, that the appointment to fill vacancies occur-
ring in the forces known as the regular artillery, infantry, and cavalry
of South Carolina ought still to be made by State aiithority. And we
may reasonably hope and expect, under all the circumstances, that
the Confederate authorities will concur in this conclusion.

By provision of the ordinance of convention all State military
appointments are to be made by the Governor and executive council.

The following resolutions are therefore recommended for adoption :

1. Resolved, That the Governor and council ought to fill vacancies
which have occurred, or may occur, in the regiilar artillery, infantry,
and cavalry raised by the authorities of this State.

2. Besolved, That the chief of the Department of the Military be
instructed to transmit a copy of this report and resolutions to the Sec-
retary of War of the Confederate States, with such explanations as
he may deem expedient.

JAMES CHESNUT, Jr.,
Chief of Department of the Military, South Carolina,
For himself and for

I. W. HAYNE,
Chief of Justice and Police.

confederate authorities. 917

Office of the Secretary of the Congress,

February 11, 1862.
His Excellency Jefferson Davis :

Sir: I have the honor officially to certify to Your Excellency that on
February 10, instant, 1862, the two resolutions, copies of which I sub-
join, and which I certify to be correct, were adopted by the Congress
of the Confederate States; that is to say:

Resolved, That the Pi'esident of the Confederate States be requested to com-
municate to Congress the number of troops now in the service of the Confederate
States, specifying the States from which they come, the period of service for
which they enlisted, and also the dates at which they were mustered into service
and at which they will go out of that service ; also the number of troops, if any, in
the Regular Army of the Confederate States.

The second resolution, which is distinct and in no way connected
with that set out above, is as follows, to wit:

Resolved, That the President be requested to have furnished the Congress by
the heads of the several departments a list of the names of the different ofllcers
in each Department at the seat of Government, accompanied by a statement of
the salaries they receive, and the State or country of which they are native.

Most respectfully, your obedient servant

J. J. HOOPER,

Secretary of the Congress.

[Indoreemont.]

Secretary of War:
Send copy of second resolution to each Department.

J. D.

Confederate States of America, War Department,

Richmond, Va., February 11, 1862.
Hon. Mr. Barnwell,

Chairman Finance Committee:
Sir: The recent act of Congress authorizing the President to call
on the several States for troops to serve for three years or during the
war renders necessary an appropriation for the bounty and transpor-
tation of the men so furnished. It is believed that the number will
not exceed 150,000, although the call has been for a larger number;
but the condition of the States of Kentucky and Missouri at the pres-
ent moment forbids the idea that they will be able to furnish more
tlian a small proportion of their respective quotas. The Quarter-
master-General's estimate, herewith inclosed,* is approved by me
and respectfully recommended for adoption by the committee. The
amount required is $11,100,000.

I am, A'crj- respectful] j', your obf client servant,

J. P. BENJAMIN,

Secretary of War.

Richmond, February 11, 1862.
Governor Joseph E. Brown,

MilledgeviUe :
I will accept cavalry as well as infantry in fair proportion. I will
order staff officers to the camps you select immediately, with tents,

* Omitted.

918 CORRESPONDENCE, ETC.

supplies, and funds for paying bounty. Let me know where you fix
your camps.

J. P. BENJAMIN,

Secretary of War.

a pkoclamation.

Executive Department,
MUledgeviUe, February 11, 1862.
To the People op Georgia:

The outrageous usurpations of power and aggressions upon our rights
committed by the Federal Government, and the absolute degradation
to which the Southern people were exposed if they submitted to the
rule of Mr. Lincoln, who was elevated to power by the abolitionists
and protectionists of the North, compelled the State of Georgia, in
common with her other Southern sisters, to withdraw from a Union in
which the constitutional rights of her people were no longer respected
and their lives and property no longer secure. After the secession of
the Southern States and the establishment of the Confederate States
Government the tyrannical despotism which rules at Washington
waged a wicked and bloody war upon the people of these States,
because in the exercise of one of the most sacred rights of freemen we
threw ofE the yoke of bondage attempted to be fastened upon us and
our posterity and refused to be "hewers of wood and drawers of
water " for a haughty and insolent people who claimed the right to
compel us to render obedience to their mandates. In tJieir attempt to
subjugate us the Northern troops have been permitted to disregard all
the i-ules of civilized warfare. They have not only stolen our prop-
erty and laid waste the country behind them where they have advanced
within our territory, but with fiendish malignity they have on several
occasions, in cold blood, shot down unarmed and unoffending women
and children. Not only have they disregarded all the dictates of
humanity, but with sacrilegious infidelity they liavo even' desecrated
the altars of God, and have defiled and polluted our churches and
places of public worship.

While the troops in the field have been perpetrating these enormous
wrongs, the Lincoln Cabinet has, in violation of the plainest principles
of the Constitution, suspended the writ of habeas corpus, and has
ordered the seizure and imprisonment of Soutliern men and Southern
women, and of such as sympathize with us, for an indefinite period,
without the verdicts of juries, the judgments of courts, or the sentence
of courts-martial. Some of the noblest and truest sons and daughters
of Georgia are included in the number whose rights have been thus
wantonly outraged. But these outrages are not confined to the troops
and to the Cabinet. The Lincoln Congress has passed laws confis-
cating a very large portion of the property of the Southern people,
and a bill is now pending before that body, if it has not already
passed, to assess an exceedingly burdensome tax against the lands of
every man in the South to assist them to carry on the war for our
destruction; and if the taxis not paid into their treasury after a short
period, the bill declares that all our lands shall be confiscated and
taken from us, and authorizes the President, as fast as he gains pos-
session of the country by force of arms, to seize the lands, eject their
Southern owners from them, and colonize them witli Yankees and
foreigners, who are to hold them under the authority of the United

CONPEDEKATE AUTHORITIES. 919

States, and to take possession of our negroes and compel them to cul-
tivate the lands taken from us for the benefit of the Northern Gov-
ernment. The object of this act is the general confiscjition of all the
lands of the South to the Lincoln Government. If conquered we are
to be driven from them, and leave them to be occupied by our most
deadly enemies. It is already the public boast of one of the Northern
generals, who is also a U. S. Senator, that it is the settled policy of
the Government to make the lands of the sunny South the home of a
colony of negroes belonging to the North, under masters and rulers
appointed by that Government. To accomplish this it is proposed to
arm the negroes and incite them to destroy our wives and our children.

Not content with depriving us of all our lands, it is the known policy
of that Government to take the balance of our property to pay the
debt which they have contracted in preparation for our subjugation.
This debt already reaches nearly $1,000,000,000. If, then, we are
overcome, we not only lose all the lands and all the other property we
possess, but we must be driven from the homes of our ancestors, and
must leave their graves and the altars which they have bequeathed to
us to be trampled under foot by our insolent masters; and what is
still infinitely worse, we lose our civil and religious liberties, and
must transmit a heritage of bondage to our posterity. Will Georgians
ever submit to those outrages ? If we do while there is a man in the
State able to bear arms, a lady able to work to clothe him, and a dol-
lar with which to support him in the field, we have degenerated and
are unworthy our ancestors. Nay, more, we are unworthy the sacri-
fices which have been made for our protection by the noble sons of
our State, who in many a battle-field have lately poured out their
life's blood, a willing offering in illustration of our character and vin-
dication of our cause. But, my countrymen, if we would avert the
calamities to which I have alluded we must awake from the slumbers
of false security, and thousands more from Georgia must immedi-
ately fly to arms. The Lincoln Government now has over half a
million of men in the field, armed, accoutered, and equipped with all
the outfits necessary for the soldier. These troops are enlisted for
the war. Most of them are becoming well trained. That Government
also has a large naval force, and has the control of the seas around
us, and of part of our inland waters. Our ports are blockaded. The
territory of almost every State in the Confederacy, including the ter-
ritory of our own Georgia, is now invaded by a heavy, threaten-
ing force. Soon the blow is to be stricken with terrible fury on
many a bloody field. To meet this vast force we have a smaller num-
ber. Of this number a large proportion entered the service for a term
which expires during the ensuing spi-ing. The enemy looks to this
fact with great interest, and expects to strike the decisive blow when
we are weakened by the discharge of more than half our entire army.
This we must not permit, but without delay we must much more than
fill the places of all whose terms expire and who cannot re-enlist.
Our troops now in the field have shown a noble, self-sacrificing dis-
position, and I cannot doubt that every one of them who can possibly
do so will respond cheerfully to their country's call in this solemn
hour of trial and promptly re-enlist for the war. After this has been
done many more will still be needed, and we must not deceive our-
selves by supposing that those now in the field can do all that is
required.

With a view to meet the present emergency, the President of the
Confederate States has made a requisition upon the Governors of the

920

different States for such additional force, to serve for three years or
during the war, as in his judgment is sufficient for the present crisis.
In carrying out this wise policy he has called upon me as your Governor
to furnish twelve additional regiments from Georgia, for the length
of time above specified, by the 15th of March, if possible. I am
requested to order the troops into camps of instruction, and am
authorized by the Secretary of War to say that he will furnish them,
at the expense of the Confederate States, with " clothing, equipments,
and arms," and that a bounty of $50 will be paid to each volunteer
private so soon as his company is mustered into the service, and that
transportation will be furnished to each from his home to the place of
rendezvous. The law also authorizes the volunteers to elect their
own officers. In compliance with the request of the Secretary of
War, I will establish three camps of instruction — one at Camp
McDonald, seven miles above Marietta, on the Western and Atlantic
Railroad; one at Camp Stephens, near Griffin, and one at Camp Davis,
thirtj"^ miles from Savannah, on the Central Railroad. Under this
requisition from the President it becomes my duty to call upon the
chivalrous sons of the Empire State who still remain at home to
emulate the noble example of those who liave gone before them to the
field, and to contribute their part to sustain the high character won
for Georgia by the valor of her troops in evei-y contest where they
have met their country's foe. In view of the past I cannot permit
myself to entertain a reasonable doubt that the whole number required
will immediatelyrespond as volunteers. Surely no true, patriotic son
of our State, when all the property he possesses, his life, and the
liberties of his posterity are at stake, will wait to be forced into the
field by draft. Were Georgia's sons capable of this, I cannot believe
that the noble women of the State, who have done so much for the
cause, would ever tolerate such delinquency.

Should I have the mortification to find that I am mistaken in this
most reasonable expectation, I shall immediately proceed to detach or
draft such number from each regiment or independent battalion in
this State as may be necessary, with the number who may volunteer,
to make up the quota required from such regiment or independent
battalion. The statute does not require that the draft be made by
lot, but leaves the mode of making the detachment or draft to the
discretion of the commander-in-chief. Let it be remembered that no
bounty is paid to the soldier who has to be forced by a draft to defend
his home, and that the proper authority has the right to assign to him
the officers by whom he is to be commanded. The bounty and the
elective franchise belong under the law only to the- brave volunteer.
That the question may be decided without delay, and the required
regiments be raised immediatelj^ either by the acceptance of volun-
teers or by detachment or draft, the adjutant and inspector general,
under my direction, will proceed to issue orders to the commanding
officer of each regiment or independent battalion in this State, and if
the regiment or battalion is not fully organized, then to the senior
officer entitled to the command, informing him of tlio number of men
required from his command, and directing him to call out the regi-
ment or independent battalion at the regimental or battalion parade
ground on Tuesday, the 4th day of March next, and each and every
man in Georgia liable to do military duty is hereby required to take
notice and attend at the parade ground of tlie regiment or independent
battalion to which he belongs on that day.

When the regiment or battalion is assembled the commanding officer
will be required to call for such number of volunteers as are required

CONFEDERATE AUTHORITIES. 921

from his command. If a sufficient number do not respond to the
call, he will be directed to detach or draft the balance of the number
needed, taking down as drafted first the names of all who are subject
to do military duty, who have been notified of the time and place of
such parade and are absent from it, except for providential cause made
known at the time. The commanding officer will also receive from
the adjutant and inspector general instructions as to the class next to
be detached in case a sufficient number has not been offered when
this class is exhausted. Each justice of the peace in each county is
also hereby charged with the duty of attending the parade and report-
ing to the commanding officer the names of any persons in his district
subject to do military duty who are not present. The commanding
officer will on that day be required to make out a complete roll of all
the names of persons under his command liable to do military duty,
and forwai-d a copy to the adjutant and inspector general's office. I
cannot close without i-epeating my ardent hope that a number of vol-
unteers sufficient to fill the entire i-equisition will promptly respond.
This is required to sustain the honor of Georgia, her proud position as
the Empire State, and the immoi-talitj- of glory already won for her
arms by the bi'illiant deeds and heroic daring of her troops in the field.
Let none be discouraged on account of our late reverses. We cannot
expect always to be victorious. We have had the most cheering evi-
dences of the interposition of Divine Providence in our favor, while
our arms have been crowned with a succession of victories which find
but few parallels in history. True, the enemy has the advantage of
us upon the waters, but before he can subjugate us he must expose
his troops where we can meet them hand to hand and drive them back
by the use of cold steel in close quarters. Here his courage fails him,
and here it is that our troops have shown a wonderful superiority and
a most remarkable heroism. Here, then, let every Georgian go forth
resolved to grapple with him, and, with that true courage that nerves
the patriot's arm, here let us force him to decide the contest. If we
do this, and are ever mindful of the strength of that Almighty ai-m
upon whose assistance we should humbly and confidently rely, we
cannot fail to drive the invader from our genial territory back to his
frozen home. In this hour of national peril, when our danger is
imminent, trusting in God, who alone is able to give us victory, but
who will not assist iis unless we humble ourselves in His presence
and exert all the strength with which He has endowed us, I warn you
of the danger which surrounds you, my countrymen, and, as your
commander-in-chief, I exhort you to lay aside, when necessary, every
other employment, and I now summon you immediately to arms.
Strike, before it is too late, for your liberties, your families, j'our

homes, and j'our altars.

JOSEPH E. BROWN.

State of North Carolina, Executive Department,

Raleigh, February 11, 1862.
Hon. J. P. Benjamin,

Secretary of War:
Sir: I have your letter of the 2d instant informing me that the
quota of troops for the war for the State of North Carolina, as fixed
by direction of the President, was "G per cent, of our white popula-
tion." This I suppose is, in round numbers, 38,000 men. Wo have
now in for the war, in round numbers, 11,000 men, and for twelve

922 COERESPONDENCE, ETC.

mouths, say 23,000, leaving 4,000 to be furnished now. We will goto
work with energy to raise this number, which we hope to accomplish
in time to have one additional regiment ready to take the field in place
of the first twelve-months' regiment to be discharged, and afterward
to supply the place of each twelve-months' regiment as its time expires.
I think it would be better to allow each regiment of North Carolina
troops to return to Raleigh, to be mustered out of the service in this
city. You say:

These troops will be mustered into service at convenient camps of instruction
which you (the Governor) are respectfully requested to select, and will there be
clothed, supplied, and armed at the expense of the Confederate States.

I understand from this that you will be at all the necessary and
proper expense of these camps. If this is so, as the management of
tlieso camps will be under the immediate control of the adjutant-
general of the State, Maj. Gen. J. G. Martin, I will send him to Rich-
mond to arrange the details as soon as I hear from you in reply to this.
I would like the details of this matter to be arranged in writing with
such officer of the C. S. Army as you maj' charge with the same.
I have the honor to be, sir, very respectfully, yours,

HENRY T. CLARK.

Confederate States of America, War Department,

Richmond, Va., February 11, 1862.
Governor F. R. LuBBOCK,

Austin, Tex.:

Sir: I have the honor to acknowledge the receipt of your letter of
the 13th ultimo, and to return my thanks for the early and favorable
consideration given to my letter of December 2. I regret, however,
to say that Your Excellency was mistaken in your construction of my
letter, and that the Board was right in supposing that I had given no
authority to Mr. Giddings to grant receipt for the bonds as agent of
this Department. I could give Mr. Giddings no authority to make the
exchange of bonds, nor to receipt to you for the bonds, for the single
reason that I myself was without power, under the law. The case is
simply this : I have authority to buy arms, payable in the bonds of the
Confederate Government. I authorized Mr. Giddings to buy the arms
and furnished him $250,000 for that purpose, being as large an amount
as I was willing to place at one time in the hands of one agent.

Mr. Giddings said that parties in Matamoraswere willing to sell arms
for the U. S. bonds held by Texas. I said that if. Texas would buy
such arms as he approved for her bonds, at prices also approved by
him, I would bind this Department to buy the arms from Texas at cost,
giving Confederate bonds for them. Under the actof your Legislature,
therefore, as the matter will be one equally advantageous to both gov-
ernments, it seems to me that the only course is for your board to send
an agent with your bonds to pay for such arms as Mr. Giddings may be
willing to buy. On the delivery of the arms to Mr. Giddings, to be for-
warded to this Department, I will pay for them in Confederate bonds,
giving you the same amount in Confederate bonds as you give in U. s!
bonds. In this way you run no risk, as you become entitled to Confed-
erate bonds the moment the arms are delivered to Mr. Giddings in
Matamoras, and I run no other risk than that of getting the arms
brought safely to New Orleans, which risk I am willing to take for the
Government.

CONFEDERATE AUTHORITIES. 923

Regretting that there should have been any misunderstanding on
your part, against which I endeavored to provide by the careful word-
ing of my former letter,

I am, very respectfully, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

Confederate States of America, "War Department,

Richmond, February 11, 1862.
G. H. GiDDiNGS, Esq.,

Austin, Tex.:
Sir: I have your two letters of 11th and 13th ultimo, brought by
your brother. I regret that there should have been any misunder-
standing in our arrangements. I have no authority to make an
exchange of bonds with Texas, and for that reason arranged, and so
stated in my letter, that the State was to buy the arms and pay for
them in U. S. bonds, and this Department would receive the arms and
pay for them in Confederate bonds. Your brother mentions your
purpose to send to Europe to buy arms. I give you no authority to
do this. I gave you authority to buy arms in Mexico — to buy in
Matamoras from merchants who would agree to deliver arms there —
and placed in your hands $250,000 to pay for arms, giving you power
to convert the money into cotton in order to make payments, as our
notes are not current in Matamoras. As fast as you exhaust your
means in purchases I will replenish, but I do not see any necessity
for placing funds of any kind in Matamoras to a greater amount than
you have in hand until arms are there ready for delivery. The
amount in your hands is more than sufficient to satisfy any house
that you have authority and means to purchase, and they can cer-
tainly require nothing further till the arms are delivered, at which
time they will be paid for. I want your operations in the purchase
of arms and munitions for the Government confined strictly within
the limits herein expressed, and desire no shipment of cotton made
on account of Government except in payment for arms already deliv-
ered, nor any contracts except for the delivery of arms in Matamoras
or our own ports. I do not authorize you to buy arms abroad nor
conti'act for arms abroad, but only for arms delivered here, i. e. , in
Matamoras or within the Confederacy.
Your obedient servant,

J. r. BENJAMIN,

Secretary of War.

Executive Department,

February 11, 1862.

Gentlemen of the Senate and House op Delegates:

A crisis is upon us. The result of recent reverses to our arms at
Mill Springs, Fort Henry, and Roanoke Island appeal in the strongest
terms to our patriotism, and demand an exhibition of all our energies,
an uncompromising spirit, and stern and determined resolution. The
exigencies of the times are not duly appreciated by many of our
people; the dangers which environ us are too lightly estimated. We
must see and feel their imminence before we can be aroused to that

924 CORRESPONDENCE, ETC.

action which is necessary to save us from alarming ills and to avert
evils which threaten our existence, our peace, and our organization
as a Government. The results referred to should be sufftcient to
arouse the people of the Confederacy to stimulate and call into action
all our energies, physical and intellectual. It cannot but be apparent
to every mind that the object of our enemies is to cut off our south-
ern connections by railroad and otherwise and to defeat the transpor-
tation of troops from one point to another with certainty and celerity
as our necessities may demand. This result accomplished and one
great step will have been taken toward their success and our subju-
gation. It becomes us, therefore, to perfect our organization and
bring into active use all our strength to defeat the designs of a wily
and unscrupulous foe, whose march has been marked by brutality,
bloodshed, and plunder. Every citizen of Richmond ought to feel
and know that the possession of this city is an object of the most
earnest and anxious desire on the part of our enemies. Its mechan-
ical and manufacturing interests are doing so much to uphold the
Southern Confederacy that its loss to us would be weU nigh irrepa-
rable. The A'arious propositions which have been made by Lincoln
and his allies to parcel out the territory of this Commonwealth makes
the possession and subjugation of Virginia an object not less desir-
able. The casual observer cannot have failed to see these things,
and they should rouse up every latent feeling of patriotism that
slumbers within him and bring it into prompt and decisive action.
The defense of Richmond, Norfolk, Fredericksbiirg, and other parts
of the State is of the utmost importance, and to secure this defense
we must at once take steps to secure organization and bring an effi-
cient corps into the field. I therefore recommend :

First. That the male population of the cities and towns be divided
into those subject to ordinary and extraordinary draft; the first class
to embrace those between eighteen and forty-five, the second class to
embrace those between sixteen and eighteen and those between forty-
five and sixtj^ years of age.

Second. To authorize the Governor, when informed by the Presi-
dent of the Confederate States of the urgency for so doing, to call out
both classes for home defense, to make rules and regulations for their
organization into companies and regiments in conformity with the
laws of Virginia, and require all places of business to be closed at 2
p. m. , and the whole force, drafted as aforesaid, to turn out for disci-
pline and instruction.

Third. The ordinary draft to be ordered if necessary to defend
any lines of approach to the town or city to which they belong, the
extraordinary draft not to bo required to servo beyond a distance of
five miles from the limits of the town or city to which they belong.

Fourth. To include in such drafts all persons sojourning in the
cities or towns for a period longer than ten days.

Fifth. None to bo exempt for any other reason than service in the
State or Confederate States.

If this is considered hard service let the people of the cities and
towns recollect that the people of New Orleans, Charleston, Mobile,
and Savannah have adopted this policy and have steadily practiced
it for months past. The people of Richmond and other cities and
towns in Virginia are just as much exposed as those of the cities I
have named and should be willing to sacrifice as mudh for the com-
mon cause in the way of ease and comfort. If the Legislature will
pass a law the patriotism of the people of Virginia will respond to it

CONFEDERATE AUTHORITIES. 925

and show that they are not less ready to make all necessary sacrifices
for the common cause than those of any other State in the Confederacy.
Respectfully,

JOHN LETCHER.

General Orders, ) War Department,

>■ Adjt. and Insp. General's Office,
No. 6. ) Richmond, February 12, 1862.

I. The following acts of Congress and regulations in reference
thereto are published for the information of the Army:

AN ACT for the recruiting service of the Provisional Army of the Coufodurate States.

Section 1. The Congress of the Cmifederate. States [of America] do enact. That
the Secretary of War be, and he is hereby, authorized to adopt measures for
recruiting and enlisting men for companies for service in the war,* or three years,
which by the casualties of the service have been reduced by death and discharges.

Sec. 2. And be it further enacted, That the Secretary of War be, and he is
hereby, authorized to detail the company commissioned officers for the above
duty, in such numbers and at such times as in his opinion will best comport with
the public service. The officers thus appointed to enlist and recruit for their
respective companies.

Approved December 19, 1861.

Sec. 3. Any vacancy [vacancies] occurring in the ranks of companies mustered
into the Confederate service for three years, or for the war, may be filled by vol-
unteers ; and the commander of each of said squadrons, battalions, or regi-
ments, organized as aforesaid, may detail one commissioned officer, and one
non-commissioned officer, and one or more privates from each company of his
command, with the approval of the brigadier-general of the brigade to which
said squadron, battalion, or regiment may be attached, to recruit men for such
company ; so that the same may contain not more than one hundred and twenty-
five, rank and file ; and the men so recruited shall be mustered at the time of
enrollment, and shall be entitled to transportation and subsistence, or commuta-
tion of subsistence, till they join their respective companies, and to fifty dollars
bounty, to be paid at the time of joining the same. (Third section act 28th [32d]
of January, No. 356.)

AN ACT to provide for recraiting companies now in the service of the Confederate States for

twelve months.

Section 1. The Congress of the Confederate States of America do enact. That
all companies of volunteers now in the service of the Confederate States, under
enlistment for the term of twelve months, may be recruited by enlisting or
receiving volunteers for three years or the war, to a number not to exceed one
hundred and twenty-five, rank and file ; and companies so recruited shall, at the
expiration of the term of service of the original company, elect their commis-
sioned officers ; and vacancies thereafter occurring in the commissioned offices of
such companies shall be filled by promotion of said commissioned-officers, except
that vacancies in the lowest grade of such offices shall be filled by election.

Sec. 2. The colonel or commanding officer of the several regiments, battalions,
and squadrons enlisted for twelve months, as aforesaid, may detail one commis-
sioned officer and not exceeding two privates of each company to recruit for
their respective companies, and the officers and privates so detailed shall be enti-
tled to transportation while so engaged, and the recruits so enlisted shall be
entitled to pay, transportation, and subsistence from the time and place of enlist-
ment, together with the sum of fifty dollars, as a bounty, upon joining their
respective companies.

Sec. 3. The original volunteers in such companies re-enlisting, according to the
terms of the act entitled " An act providing for the granting of bounty and fur-
loughs to privates and non-commissioned officers in the Provisional Army," may
re-enlist in and form a part of the companies to be recruited as herein provided ;
and when all the companies composing the regiment, battalion, or squadron as
aforesaid shall, by recruiting as aforesaid, or by re-enlistment and recruiting
as aforesaid, have attained at the date of the expiration of the term of service of

»See foot-note (*), p. 833.

926

the original companies the number required by law for a company, the number
and designation of such regiment, battalion, or squadron may continue, or such
of said companies as are complete at that date may reorganize into new regi-
ments, battalions, or squadrons, or attach themselves to other regiments, battal-
ions, or squadrons ; and in all such cases the field officers shall be elected, and
vacancies thereafter occurring in such field offices shall be filled by promotion,
as directed by the act aforesaid.

Sec. 4. Companies organized by re-enlisted twelve-months' volunteers, under
the act aforesaid, may be recruited to the number of one hundred and twenty-five,
in the manner prescribed in the second section of this act.

Sec. 5. Where, at the date of the expiration of the term of service of the original
company, the number of recruits and enlisted men may not amount to the mini-
mum number required for a company, the recruited men may combine with
recruits of other companies in like situation, so as to form comjjlete companies ;
and in default of such combinations the said recruits may be assigned or distrib-
uted to other companies from the State in which such recruits were enlisted.

Sec. 6. The Secretary of War shall make all needful rules to carry into effect
the foregoing provisions.

Approved January 27, 1862.

II. Commanding officers of all war and twelve-months' regiments,
battalions, squadrons, and independent companies or three-months'
volunteers now in service will detail for recruiting service, subject to
approval of the brigadier-general of the brigade with which they are
serving, a commissioned officer and one non-commissioned officer or
private from each company below the maximum organization (125
men), with instructions to proceed to the neighborhood where his
company was raised, and there enlist recruits to raise the company to
the maximum organization.

III. Officers detailed for recruiting service will make requisitions on
the Adjutant and Inspector General for recruiting funds, reporting
the station to which they have been ordered, the company and regi-
ment for which they have been directed to recruit, and the post town,
county, and State to which letters for them should be addressed. A
similar report should also be made to the Commissary and Quarter-
master's Departments, in order that the required instructions may
issue to the proper officers of these departments to fill the requisitions
necessary for such recruiting purposes.

IV. As soon as possible after the enlistment of a recruit he shall be
inspected by a commissioned surgeon or assistant surgeon of the Con-
federate States, and if unfit for service shall be rejected. In all cases
this inspection shall take place before the recruit leaves the State in
which he is enlisted.

V. A commutation for rations, at the rate of 25 cents per ration,
shall be allowed to each recruit from the date of his enlistment until
he is supplied regularly with subsistence by an officer of the Commis-
sary Department.

VI. No clothing nor commutation for clothing will be allowed a
recruit until after inspection. As soon as possible after inspection
and muster the recruit will be supplied with clothing or commutation
therefor by the nearest quartermaster, in accordance witli regulations.

VII. The time allowed for recruiting will in no case extend beyond
thirty days, at the expiration whereof the recruiting party, with the
enlisted men, will proceed to join their company.

CONFEDERATE AUTHORITIES. 927

tant and Inspector General for final settlement at the Treasury.
These vouchers and accounts current, addressed to the Adjutant and
Inspector General, will be marked on the upper right-hand corner of
the envelop which covers them "Recruiting Service."
By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Richmond, February 12, 1862.
His Excellency F. R. Lubbock,

Governor of the State of Texas, Austin, Tex.:
Sir : Under the recent acts of Congress authorizing the recruiting
of twelve-months' companies now in service by the enrollment of men
to serve for three years or during the war, and for the recruiting of
war companies now in service, recruiting parties have been sent to
your State to obtain re-enforcements according to the terms above
described. To expedite the completion of their several quotas is now
of the highest importance to the public defense, and you are there-
fore requested and earnestly solicited by the President to use your
executive powers in aid of such recruiting parties in such manner as
to you shall seem most likely to secure the end in view.
Very respectfully, &c.,

S. COOPER,
Adjutant and Iiispector Ge7ieral.

AN ACT to pay interest due the Choctaw Nation upon stocks of the State of

Virginia.

The Congress of the Confederate States of America do enact, That
there be, and is hereby, appropriated for interest from January first,
eighteen hundred and sixty-one, to January first, eighteen hundred
and sixtj-^-two, on $450,000 of the stock of the State of Virginia,
included in Choctaw general fund, held in trust by Secretary of the
Interior of the United States, which interest has been transferred by
said State to Government of the Confederate States, to be paid over
to Choctaw Nation of Indians, or persons empowered by such nation
to receive it, $27,000.

Approved February 13, 1862.

Executive Department,
Montgomery, Ala., February IS, 1862 1
Hon. J. P. Benjamin,

Secretary of War, Richmond:
Sir: I have the honor to acknowledge the receipt of your communi-
cation of the 2d instant, making a requisition on this State for twelve
regiments to serve for three years or during the war, but have not up
to this time seen or been able to obtain a copy of the act to the title
of which yoii refer and under which the requisition is made. I under-
stand, however, from the tenor of yours that the troops can only be
mustered into service by companies, and subsisted only from the time

928 CORRESPONDENCE, ETC.

they are so mustered in. If I am correct in this I feel it my duty to
state to you, with perfect frankness, that I am satisfied that the
requisition cannot be filled by the time you prescribe, if indeed it can
be filled at all. The volunteers do not consider themselves bound
until mustered in, and it is all important that this should be done as
early as possible. If they could be mustered in in squads of not less
than ten or twenty as fast as that number arrived at the camp which
might be designated, and on condition that if the requisite number
was not obtained within a fixed day to complete the company to which
they were to be attached they should either be distributed into other
companies who had not the maximum number, or formed with other
squads into new companies. This course was successfully tried in
the late requisition made upon this State by General A. S. Johnston.
If it can be allowed in the present instance, I would urge that the
authority as to mustering in both companies and squads, as well as
the distribution of the latter as proposed on their organization into
companies, be delegated to the State Executive to be exercised by his
direction, rather than by the Confederate offtcers. The former would
be to a certain extent responsible for the exercise of this power so as
most to promote the comfort of the volunteers, and they would accept
the conditions the more readily and cheerfully in the one case than in
the other. As to the mere act of mustering in, the reasons are still
stronger in favor of the exercise of that power by the State. The
Confederate officers can scarcely find time to muster in companies,
much less squads. In Montgomery, for instance, there is a quarter-
master, a commissary, and an ordnance officer, all of whom are
charged with important duties at the time their services as muster-
ing officers are required. The men become restless, enough leave
to reduce the ranks beloM' the minimum number, and the conse-
quence is the disbandment of the company. It is within my own
personal knowledge that the Confederacy has lost the services of
2,000 volunteers in this State for no other cause than that the mus-
tering officer was prevented by his other duties from leaving this
point on the day on which the companies were readj'^. Why should
not this authority be delegated to the State Executive? It costs the
Confederacy nothing, and I venture the assertion that my aides-de-
camp, or the officers I should detail to discharge this duty, would
perform it as correctly and with as much alacrity as the Confederate
officers.

As to subsistence, I would respectfully suggest that as soon as a
certain number of volunteers arrived and are mustered in, either as
companies or squads, upon the conditions I have specified, they should
be subsisted from that time. The expectant officers and their friends
cannot subsist their men from the time they commence recruiting
until the number requisite to complete the company is obtained. I
speak within bounds when I say that thousands have been lost to the
service from this cause alone. What I propose is simply this : As fast
as volunteers arrive at the camps I would muster them in by com-
panies or squads, the latter signing a printed engagement with the
proper conditions. They should receive subsistence from that time.
Other details can be added which your own practical experience and
judgment will if necessary readily suggest.

In relation to the payment of the bounty money, I would beg leave
to suggest that it would contribute much to the success of the requi-
sition if I could give my personal and official assurance that its pay-
ment would be punctually made. The volunteers as a class can sel-
dom appreciate tlie difficulties in this direction, and any delay in

CONFEDERATE AUTHORITIES. 929

making the payment would operate injuriously by its effect upon the
zeal and spirit of our people. General Bragg can bear testimony that
the First Alabama Regiinent was saved to the service by an advance
of $50,000 from the bank at this place to pay the bounty and arrears
of pay due, without which, in all probability, they would not have
re-enlisted.

In relation to the clothing, also, I would [beg] leave to inquire if
the issues bj' the Department to the volunteers will include blankets,
shoes, and underclothing; and also if the Confederate Government
will be able to furnish clothing in kind to all the troops from this
State during the spring, summer, and fall. Information on these
points is essential not only to answer the inquiries of the volunteers,
but also for the purpose of determining and regulating the action of
the State in providing supplies of clothing for them in case it should
not be furnished by the Confederacy.

You will, my dear sir, readily appreciate the motives which have
induced this i-ather lengthy communication, and excuse the liberty I
have taken in pressing these matters on your attention. I should not
have done so had I not regarded them as absolutely essential to the
meeting tlie requisition in the shortest possible time.

I liave the lionor to be, very respectfully, your obedient servant,

JNO. GILL SHORTER.

MiLLEDQEViLLE, February 13, 1862.
Hon. J. P. Benjamin:

I have apportioned the troops you require among the different
counties of the State. Please suspend the issue of commissions
to raise independent organizations till the requisition is filled, as the
two do not harmonize, and confusion is the result.

JOS. E. BROWN.

[February 13, 1862. — For Edwards to Davis, transmitting resolu-
tions of the North Carolina convention, requesting the return of
certain regiments to Wilmington, see Series I, Vol. LI, Part II,
p. 470.]

State of South Carolina, Dept. of the Military,

Columbia, S. C, February IS, 1862.
Hon. J. P. Benjamin,

Secretary of War:
Sir : Your communication of the 2d instant, addressed to Governor
Pickens, has been referred by Governor and council to the depart-
ment for reply. I take great pleasure in assuring you that we will
exert every energy in putting at your disposal the quota of the State
called for by the President for the war. I will send you also by
to-night's mail an address to our troops on the Potomac, and ask your
aid in putting it immediately before them, and another paper on the
subject of appointments to the troops known as South Carolina State
Regulars. I request your suspension of opinion on this subject until
you have read it.
With great respect, I have the honor to be, your obedient servant,

JAMES CHESNUT, Jr.,
Chief Department of Military, South CaroU'na.

59 R R — SERIES IV, vol I

930

By the President of the Confederate States of America:

proclamation.

Whereas, an act of the Congress of the Confederate States of
America entitled "An act to organize the Territory of Arizona,"
was approved by me on the 18th day of January, 1862 ; and whereas,
it is therein declared that the provisions of the act are suspended
until the President of the Confederate States shall issue his proc-
lamation declaring the act to be in full force and operation, and shall
proceed to appoint the oflftcers therein provided to be appointed in and
for said Territory:

Now, therefore, I, Jefferson Davis, President of the Confederate
States of America, do issue this my proclamation declaring said
"Act to organize the Territory of Arizona" to be in full force and
operation, and that I have proceeded to appoint the officers therein
provided to be appointed in and for said Territory.

Given under my hand and the seal of the Confederate States of
America at Richmond, this fourteenth day of February, A. D. 1862.

[SEAL.] JEFFERSON DAVIS.

By the President:

R. M. T. HUNTER,

Secretary of State.

Executive Department,
MiUedgeville, Oa., February H, 1862.
Hon. J. P. Benjamin,

Secretary of War:

Dear Sir: I have to-day received your telegram of the 11th saying
you will accept cavalry and artillery as well as infantry in fair pro-
portions. I will therefore proceed to organize, if I can, some cavalry
and some artillery with the infantry. I have sent you a copy of my
pi'oclamation, in which you will see that I propose to organize three
camps of instruction — one at Camp McDonald, near Marietta; one at
Camp Stephens, near GrifQn, and one at Camj) Davis, thirty miles
from Savannah, on the Central Railroad. Please make provision
soon for the men at these camps, as some companies may report ready
for orders in a few days.

It will be desired by the artillery companies that they be furnished
with batteries as soon as possible. Please inform me what weapon
you will be able to give the cavalry, as the question will be often
asked. Will you please say what number of cavalry you will receive.
I wish to do all in my power to carry out your views fully. I hope to
raise, either by volunteers or by draft, the whole number required on
the 4th day of March, and will have them all in camps as soon there-
after as possible. I now have reason to believe that a number of
companies will ofEer before that time, and I will order them to the
camps as fast as they tender.
I am, very truly, &c.,

JOSEPH E. BROWN.

Confederate States of America, War Department,

Richmond, Va., February H, 1S6'2.
His Excellency the Governor of Louisiana:

Sir : Under the recent acts of Congress authorizing the recruiting
of twelve-months' companies now in service by the enrollment of men

CONFEDEEATE AUTHORITIES, 931

to serve for three years or during the war, and for the recruiting of
war companies now in the service, recruiting parties have been sent
to your State to obtain re-enforcements according to the terms above
described. To expedite the completion of those several quotas is now
of the highest importance to the public defense, and you are therefore
requested and earnestly solicited to use your executive powers in aid
of such recruiting parties in such manner as to you shall seem most
likely to secure the end. Any troops so raised will always be credited
to the State in counting the quota furnished by it.
Very respectfully, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

(Same to the Governors of Arkansas, Tennessee, North Carolina,
South Carolina, Virginia, Florida, Georgia, Mississippi, Alabama,
and Texas.)

Richmond, Va., February H, 1862.
Governor J. J. Pettus,

Jackson, Miss.:
No recruiting is allowed for twelve-months' regiments unless the
recruits enlist for the war under an act of Congress recently passed.
If the recruits are for the war they are permitted by act of Congress,
and will be counted as part of the quota asked from your State.
Please announce on my authority that no transportation or subsist-
ence will be allowed to recruits for less than the war, nor will the Gov-
ernment recognize them in any way.

J. P. BENJAMIN,

Secretary of War.

Richmond, Va., February U, 1862.

Governor LETCHER, of Virginia,

Richmond, Va.:
SlE: In acknowledging the receipt of your letter of the 13th instant,
communicating a resolution adopted by the General Assembly on the
12th instant, I can give the assurance that whenever the militia can
be dispensed Avith they will be discharged. At this moment we
anxiously desire an increase of force, and look earnestly for the
enrollment of volunteers.
Very truly, yours,

JEFFERSON DAVIS.

Executive Department of Virginia,

Bichmond, February H, 1862.
Hon. J. P. Benjamin,

Secretary of War:
Sir: I am instructed by His Excellency the Governor to inquire of

you:

First. Will the volunteers now in service who shall re-enlist for three
years or the war into the service of Virginia, to be transferred to the
Confederate Government, be entitled to a bounty of $50 each?

Second. Will the Virginia Volunteers re-enlisting under the late
act of Assembly for three years, to be credited for the term already
sprvfifl at date of re-enlistment, be entitled to the same bounty?

932 CORRESPONDENCE, ETC.

Third. Will volunteers for three years or the war who have not
heretofore served be entitled to the same bounty ?

The Governor respectfully asks your response,' if practicable, during
the morning.

I am, most respectfully, your obedient servant,

S. BASSETT FRENCH,

Aide-de-Camp.

Confederate States of America, War Department,

Richmond, February 14, 1862.

Hon. John Letcher,

Governor of Virginia, Richmond, Va.:
Sir: I have the honor to acknowledge the receipt of your letter of
this date, making inquiry respecting the bounty to bo paid soldiers.
Your three questions are answered affirmatively. Each soldier fur-
nished by Virginia for the war in response to the call made by the
President will receive a bounty of $50 when the regiment or company
is mustered into the Confederate service, and wiU also be allowed
transportation from home to the place of rendezvous.
Your obedient servant,

J. P. BENJAMIN,

Secretary of War.

AN ACT to alter and amend an act entitled "An act for the Bequestration of the
estates, property, and effects of alien enemies, and for indemnity of citizens of
the Confederate States, and persons aiding the same in the existing war with the
United States," approved August thirtieth, eighteen hundred and sixty-one.

The Congress of the Confederate States of America do enact. That
all and every the lands, tenements, and hereditaments, goods and
chattels, rights and credits, and every right and interest therein
embraced by said act of sequestration, of which this act is an altera-
tion and amendment, shall be collected and sold as provided for in
this act, and the proceeds paid into the Treasury of the Confederate
States; but in no case shall a debt or other chose in action be sold.

Sec. 2. Be it further enacted. That all money realized under this act
and the act to which it is an amendment shall bo applied to the equal
indemnity of all persons, loyal citizens of the Confederate States, or
persons aiding the same in the present war, who have suffered or may
hereafter suffer loss or damage by confiscation by the Government of
the United States, or by any State government or protended govern-
ment acknowledging and aiding the Government of the United States
in this war, or by such acts of the enemy or other causes incident to
the war as by future act of Congress may be described or defined as
affording, under the circumstances, proper cases for indemnity. And
all money realized as aforesaid shall be paid into the Treasury of said
Confederate States, as provided by the act to which this is an amend-
ment; and the faith of the Confederate States is hereby pledged that
the same shall be refunded as required for the purposes aforesaid.
And the Secretary of the Treasury shall cause a separate account of
said money to be kept in well-bound books procured for that purpose.

Sec. 3. Be it further enacted, That it shall be the duty of every
person in actual possession of or having under his control any money,
property, effects, or evidences of debt, belonging to an alien enemy,

CONFEDERATE AUTHORITIES. 933

speedily to inform the receiver, and to render an account thereof, and
at once to pay over to the receiver and to deliver to him such property
and effects and evidences of debt; and such payment and delivery
shall be made without regard to whether any proceedings have or have
not been instituted to sequestrate the same. And any person who,
after giving such information, shall fail so to pay over and deliver on
demand, made by the receiver, shall stand in contempt, and the
I'eceiver shall at once move the court or judge to proceed against such
party as in other cases of contempt; and the court or judge may
imprison the offender until he shall fully comply with the require-
ments of this act. And such payment or delivery shall fully acquit
and. discharge the party from all and every claim for or on account of
such money, property, effects, and evidences of debt. And the
receiver shall give such person a receipt specifying the amount of
money, the property, effects, and evidences of debts paid and deliv-
ered, and the name of the alien enemy on account of whom the same
shall be paid and delivered : Provided, That when the person having
the possession or control of any money of an alien enemy asserts a
debt or claim against such alien enemy in his own favor he may file it
in wi'iting in the proper court, swearing that he believes himself justly
entitled to the same, and thereupon he shall not be compelled, in the
first instance, to pay over to the receiver the amount thus propounded
and claimed by him; but the court shall then proceed to examine and
try the validity of the said debt or claim and decree according to the
facts found and the rights and justice of the case. And if the court
decides against the debt or claim, the party setting up the same shall
forthwith pay over the sum so retained by him. And if the court
shall decree in favor of the debt or claim thus propounded and it
exceeds the entire amount originally in possession of such debtor or
claimant, he shall pay no costs; otherwise he shall pay all costs inci-
dent to the proceedings.

Sec. 4. This act and the act to which it is an amendment shall not
operate to avoid any payment bona fide made to an alien enemy or to
affect property of any kind bona fide and absolutely transferred or
conveyed by any alien enemy to a faithful citizen of the Confederate
States prior to the thirtieth day of August, eighteen hundred and
sixty-one.

Sec. 5. In cases of partnership property and effects, the resident
partner or partners shall be dealt with in all respects as surviving
partners in cases of a dissolution of partnership by the death of one
or more of the partners, according to the laws of the place of the prin-
cipal place of business of the partnership; and the receiver shall have
the same remedies against such resident partners as the representa-
tives of a deceased partner would be entitled to in like case. '

Sec. 6. The following persons shall not be taken to be alien enemies
under this act, or the act to which this is an amendment:

First. Persons who now have bona fide become i)ermanent residents
of anjj^ State of this Confederacj', and are actually residing and domi-
ciled within the same, yielding and acknowledging allegiance thereto,
and who have not, during the present war, voluntarily contributed
to the cause of the enemy.

Second. All persons born within any State of this Confederacy, or
natives of a neutral country, who since the breaking out of the war
have abandoned their domiciles and ceased their business in the
enemy's country, and all persons aforesaid who have bona fide (!om-
meuced or attempted to remove themselves and effects from the

934 CORRESPONDENCE, ETC.

enemy's country, and who have been and still are prevented from com-
pleting said removal by the force or power of the enemy, or who from
physical infirmity are incapable of removing.

Third. All subjects or citizens of neutral countries who cannot be
shown to have voluntarily contributed to the cause of the enemy, and
all persons who, though citizens of the enemy's country, have aban-
doned that country on account of their opposition to the war, or sym-
pathy for the people of the Confederate States.

Fourth. All married women natives of any State of this Confederacy
who, or whose husbands, shall not be shown to have voluntarily con-
tributed to the cause of the enemy. All persons non compos mentis,
and all minors whose fathers or mothers were or are natives of this
Confederacy and whose property and persons are controlled by guard-
ians resident in the Confederate States and who have not voluntarily
contributed to the enemy's cause; and all minors tinder the age of
sixteen years, who were born in any State of this Confederacy or in
any State exempted from the operations of this act while their parents
were domiciled in such State and who have not taken up arms against
the Confederate States.

Fifth. Free persons of color who by the laws of any State have been
compelled to remove beyond the limits thereof and are by law prohib-
ited from returning to such State, and who have not in any wise aided
the enemy.

Sec. 7. The next of kin in the direct ascending and descending
lines of any alien enemy, faithful citizens of any of the Confederate
States, or engaged in their military or naval service, shall be entitled
to have decreed them (they paying all costs) the property, effects, and
credits of such alien enemy as if dead, intestate, leaving no other
heirs or distributees, chargeable, however, in their hands, as in case
of administration or heirship, with the debts of such alien enemies
due to faithful citizens of any Confederate State.

Sec. 8. All sales of property under this act shall be made by the
receivers at public auction to the highest bidder and on such terms
and such notice of the time and place of sale as the court may pre-
scribe, and shall be diily reported to the court by such receivers at
the term next after such sale; but no conveyance of title shall be
made to the purchaser of the property until the confirmation of the
sale by the court and the payment of the purchase money according
to the terms of the sale; and no sale shall be valid until reported to
and confirmed by the court; nor shall any sale be confirmed until the
terms shall have been complied with; and the court may set aside
such sale for fraud, want of proper notice, or any material irregu-
larity, or where it shall appear that the receiver was the purchaser or
interested in the purchase, or for substantial inadequacy of price:
Provided, however, That sales of personality may be reported to and
confirmed by the judge in vacation.

Sec. 9. The court may, in its discretion, when special circum-
stances exist which temporarily depress the value of the property,
delay the order of sale, or may direct the receiver to examine and
report whether it would be expedient to make an immediate sale of
such property, and on such report, or other satisfactory evidence,
showing that a delay in the sale would tend to secure a fairer price,
may order such sale to be delayed, and in all such cases the court
may, in the case of real estate, or of a plantation and slaves, order
the receiver to lease the same on such terms as the court may pre-
scribe.

CONFEDERATE AUTHORITIES. 935

Sec. 10. lu cases where an alien enemy may have contracted in
writing, before the twenty-first day of May, eighteen hundred and
sixty-one, to sell real estate to a citizen or citizens of this Confed-
eracy, and to make title upon payment of the purchase money, the
court, in decreeing sequestration of the said purchase money or the
residue thereof unpaid, shall further decree that the receiver of the dis-
trict in Avhich said real estate is situate, shall, upon payment of said
purchase money, or the residue thereof, as aforesaid, make title for
such real estate to the purchaser or his assignee.

Sec. 11. The court shall audit and pass on the accounts of the
receiver as provided in this act, and the one to which this is an
amendment; but in lieu of the compensation and allowances therein
provided for, shall allow such compensation as shall to it seem
reasonable and just, following, in this respect, so far as may be
applicable, the analogies furnished by the laws of the State in which
the court is held concerning compensation to executors, administra-
tors, and trustees; and the court shall further allow to the receiver
all proper expenses attending the execution of his oflce. And all
fees and allowances passed by the court in favor of any receiver may
be retained by him from any money in his hands; and all fees and
allowances to any receiver beyond the rate of $5,000 per annum,
except for expenses as aforesaid, shall be forthwith paid by him into
the Confederate Treasury, to the use of the Confederate States, and
shall be brought into and stated and accounted for in his next account
of settlement as receiver.

Sec. 12. The court shall appoint an attorney for each section in
which the court shall be holden, and in which no attorney of the
Confederate States resides, whose duties it shall be to discharge,
within said section, the duties imposed on the attorney of the district
bj'^ the act to which this is amendatory; and the compensation of such
attorney so appointed shall be the same for business by him done as
is now provided by ninth section of said act for the district attorney.

Sec. 13. The receiver shall, in all cases, take the possession and
control of the money, property, and the eflfects of alien enemies, and
of such ehoses in action as shall be in the hands of any agent or third
person, except Avhen otherwise provided by this act, and, on being
refused possession, shall sue for the same, and such possession shall
not be Avithheld on any pretext of any provisions of the act to which
this is amendatory. The court may order a delay in the sale of prop-
erty when it shall be necessary to complete or gather a growing crop,
or when it shall be otherwise manifestly to the benefit of the Confed-
erate States to delay the sale ; but in all such cases the possession,
control, and management shall be with the receiver, or under his
control and aiithority. And in the collection of debts or ehoses in
action no State stay law shall govern, but the same shall be gov-
erned by this act, and the one to which this is an amendment, so far
as the latter does not conflict with this act.

Sec. 14. It shall be the duty of all persons owing debts to alien
enemies, within three months from the passage of this act, to give
information thereof to the receiver of the district in which he or they
reside, and in case of corporations or joint-stock companies, to the
receiver of the district in which the principal offtce of business of such
corporation or company may be; and such information shall be in
writing and sworn to by the debtor, and in case of corporations or
joint stock companies, by the principal oflicer of such corporation
or company, before any judge of a court of record, justice of the

936

peace, notary public, commissioner of the court or receiver under the
act to which this is an amendment, and shall set forth the name or
names of the creditor or owner of such debt, the amount he owes or
owed on the thirtieth day of August, eighteen hundred and sixty-one,
and whether the same is, or has been, secured by mortgage or other-
wise; and the information or confession so made shall be filed by the
receiver in the proper court of the Confederate States, and such court
shall, on such information, proceed to decree sequestration and pay-
ment of the debt or debts so confessed; and in case any debtor shall,
in good faith, confess his indebtedness as aforesaid, but shall be
unable to state the true amount of his indebtedness, or shall be in
doubt whether the creditor or owner of the debt is an alien enemy,
the court shall proceed to ascertain the character of the creditor or
owner, and the true amount of such indebtedness, and to that end
shall direct such proceedings as shall be adapted to the nature of the
case, and decree according to the facts found. And in all proceed-
ings against persons for debts due by them to alien enemies, the
debtor shall be allowed to make any defense, in law or equity, which
he might or could have made in a suit brought against him by the
creditor to whom such debt was due: Provided, however, That no
execution shall issue on such decree, except for the interest whiclx
shall accrue on the same at the end of each year, until twelve months
after peace shall be declared between the Confederate States and the
United States, or until otherwise directed by law: And provided,
moreover, That execution may issue for the costs of the proceeding,
and the sum so collected for costs shall be deducted from the principal
sum due.

Sec. 15. The receivers appointed under this act, or the act to which
this is an amendment, shall proceed diligently to ascertain and collect
the debts due to alien enemies by persons residing in the districts for
which they are severally appointed, and shall, on the discovery of any
such debts, and after the expiration of three months from the passage
of this act, and the debtor shall have failed to give information of
such debt, proceed to institute proceedings to sequestrate the same,
and in such proceeding, which shall be by petition, as prescribed by
said act to which this is an amendment, and shall be to sequestrate
the debt, as well as to ascertain the sum due by the debtor, such
debtor shall be made defendant or respondent, as the case may be,
and the process to bring such debtor before the court, or to comiiel
an answer, shall be in the nature of a writ of garnishment, as ijre-
scribed in said act, which shall be served on such debtor; and in case
of corporations and joint-stock companies, on some member or ofiflccr
of such corporation or company; and shall require the defendant to
answer on oath whether he is indebted to any alien enemy, or was so
indebted on the thirtieth day of August, eighteen hundred and sixty-
one, in what sum, and whether he knows of any other person or per-
sons so indebted, and, on the disclosure by the defendant of such
indebtedness by other persons, like proceedings shall be had as in
the original cause; and in case the defendant shall suggest in his
answer that the debt due by him or her is claimed or owned by any
person not an alien enemy, setting forth the name of such claimant,
his place of abode, citation shall issue to such claimant to appear and
propound his claim on oath at the succeeding term of the court; and
in case he is absent from the district in which the court is held, or
cannot be found, publication shall be made for the space of one month
in some newspaper best calculated to apprise such claimant to appear

CONFEDERATE AUTHORITIES. 937

and propound his claim; aud if such claimant shall fail to appear his
claim shall be barred. On the appearance of tlie claimant the court
shall direct an issue to try the same, and shall award the costs against
the claimant if the claim bo unfounded: Provided, That the entire
answer shall be considered by the court.

Sec. 16. All proceedings now pending under the act to which this
act is an amendment shall be made to conform to the pi-oceedings
directed in this act, so far as practicable, and the judgment rendered
tlierein shall be given in all respects and have the same operation
and effect as judgments rendered under the fourteenth section of this
act.

Sec. 17. In all proceedings against debtors who fail or refuse to
give information of their indebtedness within the time prescribed in
this act and the debtor shall be brought before the court by process,
the costs of the proceedings shall be adjudged against such debtor,
in case he is found to be indebted to any alien enemj- ; and if it shall
appear to the court, on the trial of any cause against such recusant
debtor, that he has wrongly and willfully refused or failed to give
information of his indebtedness, or to state the true amount thereof,
with intent to hinder, evade, or delay the execution of this act, or the
act to which this is an amendment, or the jury, in any cause or issue
tried by them, shall certify that such debtor has willfully failed or
refused to give information of his indebtedness, or the true amount
thereof, with the intent aforesaid, the court shall award execution
against such debtor on the decree or judgment for the whole amount
of the debt and the interest due thereon, together with the costs; in
all other cases, however, execution shall be stayed until the peace
aforesaid, except for interest which shall accrue.

Sec. 18. In cases where proceedings shall be instituted to seques-
trate judgments or decrees already rendered, or of claims or debts
upon which actions or suits may be pending, the court may, after the
decree of sequestration, allow the receiver to prosecute such suit,
action, decree, or judgment in the name of the Confederate States of
America; and in cases of suits or actions pending or decrees or judg-
ments rendered in the State courts where, by the laws of such State,
it may be admissible, such receiver may introduce the Confederate
States of America in the proceedings as a party to prosecute such suit
or action or enforce such decree or judgment; but in such cases exe-
cution shall issue for costs and interest only until further provided
by law, or twelve months after the conclusion of peace as aforesaid.

Sec. 19. Attorneys, agents, or trustees of any alien enemy having
claims for fees or commission on the fund or assets in their hands
shall, on delivery of such fund or assets to the receiver, make out
their accounts for such claims or commissions, and the court shall
consider and allow the same, if just and reasonable, to be paid out of
such funds or assets; and where counsel are already engaged in prose-
cuting such pending suits or actions, the receiver shall be authorized
to allow them to continue to prosecute such suits or actions for the
Confederate States of America.

Sec. 20. The rate of interest to be paid by debtors shall be regu-
lated by the contract, if by the terms thereof the rate of interest
shall be fixed, and if no interest shall be fixed by the contract, then
the rate shall be according to the law of the place where the debt is
to be paid or the contract performed; and the judgment or decree
shall bear the same rate of interest fixed by law or the contract, and
the same shall be punctually paid at the end of each yeaf-, or execu-
tion shall issue for the same.

938

Sec. 21. In no case shall the judgment or decree be a lien on the
property of the debtor; but where the court shall award execution
under this act the property of the debtor shall be bound from the
delivery of the writ.

Sec. 22. The court, or judge in vacation, shall have power to award
execution on any judgment or decree, in addition to the eases of
recusant debtors, where the receiver shall jnake oath that the debtor
is fraudulently concealing or disposing of his effects, with intent to
evade the judgment, or is about to remove his efifects beyond the
jurisdiction of the court, but such exeaution shall be discharged on
the defendant's giving security, to the satisfaction of the court, for
the performance or paj'ment of the decree.

Sec. 23. In proceedings under this act and the act of which it is
amendatory, upon affidavit being made by the attorney i-epresenting
the Confederate States or the proper receiver, that the name of an
alien enemy is wholly or partly unknown to him, or that the names of
the members of a partnership of alien enemies are unknown to him,
the process and proceedings may be against such partnership by the
firm name thereof, stated in such affidavit, or against such alien
enemy whose name is wholly or partly unknown, by such name or
proper description as may be known and set forth in such affidavit:
Provided, That the court may, at any time, on motion, cause the full
and proper name to be inserted in the record and used in the proceed-
ings when the same become known to the court.

Sec. 24. Receivers shall have authority to administer oaths touching
any matter incident to proceedings under this act.

Sec. 25. The sixteenth section of the act to which this is an airxcnd-
nient is hereby repealed.

Sec. 26. All debts due to any alien enemy may be paid in the bonds
and Treasury notes of the Confederate States, and the same shall be
received in payment for all property sold under this act.

Sec. 27. The fees of all clerks and marshals shall be the same for
services under this act, and the act to which this is an amendment, as
are allowed for similar services in the courts of the Confederate
States, and shall be a charge upon the general fund derived from
confiscations, and shall be paid on the order of the court.

Sec. 28. The commissioners authorized by the fourteenth section of
the act to which this is an amendment shall appoint a clerk, with a
salary of $1,500, to be paid out of the Treasury of the Confederate
States ; but such salary, as well as the salary of said commissioners,
shall be charged to the confiscation fund and b<j deducted therefrom;
and said commissioners shall moreover have power to appoint com-
missioners to takfo the examination of witnesses touching the claims
which may be propounded before them, or may summon witnesses
before them to be examined orally; said commissioners, and the com-
missioners appointed by them to examine witnesses as aforesaid, shall
have power to administer oaths to the witnesses and to issue sxib-
poenas, and witnesses failing to appear shall be subject to like penal-
ties and process as may be prescribed in the courts of the Confederate
States against defaulting witnesses: Provided, however. That the
costs of all proceedings to take testimony shall be paid by the claim-
ant except in cases where the Attorney-General shall apply for leave
to lake testimony, and the fees of witnesses and commissioners shall
be the same as are allowed in the courts of the Confederate States in
like cases.

Sec. 29." So much of the act to which this is an amendment as
requires the receivers to settle separately the estate of each alien

CONFEDERATE AUTHORITIES. 939

enemy is repealed, and hereafter each settlement shall embrace aU
the matters ready for settlement ; but the items of the account shall
be so specific as to show the sources from which each is derived.

Sec. 30. Where any judgment has been entered up in any of the
courts of the Confederate States under the act to which this is an
amendment, inconsistent with the provisions and spirit of this act,
the same, on motion, shall be set aside or amended in accordance
with the terms and provisions of this act.

Sec. 31. The provisions of the act to which this act is an amend-
ment, so far as the same may conflict with this act, are hereby
repealed.

Approved February lo, 1862.

AN ACT for the relief of the State of Missouri.

Tlie Congress of the Confederate States of America do enact, That
the Secretary of the Treasury is hereby directed to issue to the State
of Missouri, upon the application of the fund commissioners for said
State, $1,000,000 in Treasury notes, upon the condition that the said
State of Missouri deposit with the Secretary of the Treasury of the
Confederate States an equal sum in the bonds of the State of Missouri,
authorized to be issued under an act of the Legislature of said State,
entitled "An act to provide for the defense of the State of Missouri,
and for other purposes," which bonds shall be held by the Secretary
of the Treasury until the accounts of the State of Missouri for
advances made for military purposes are adjusted as Congress may
direct.

Sec. 2. That upon the final adjustment of, the accounts of the State
of Missouri against the Confederate States the sum hereby advanced
shall be deducted from the amount found due to said State.

Approved February 15, 1802.

AN ACT to make appropriations for the expenses of Government in the legisla-
tive, executive, and judicial departments, from the eighteenth of February to
the first of April, eighteen hundred and sixty-two, and for other purposes.

The Congress of the Confederate States of America do enact, That
the following sums be, and the same are hereby, appropriated for the
objects hereafter expressed, from the eighteenth of February to the
first of April, eighteen hundred and sixty-two.

it if if * * * *

War Department. — For the pay of the of&cers and privates of the
Army, volunteers and militia, in the service of the Confederate
States; for quartermasters' supplies of all kinds, transportation, and
other necessary expenses, $26,291,502.

For purchase of subsistence stores and commissary property,
$4,500,000.

For the ordnance service in all its branches, $2,660,000.

For the engineer service, $65,000.

For surgical and medical supplies of the Army, $120,000.

For contingencies of the Army, $16,000.

For the contingent expenses of the Adjutant and Inspector General's
Office, including oflace furniture, stationery, printed blanks for the
use of the Army, postage, telegraphic dispatches, &c., $3,300.

940 CORRESPONDENCE, ETC.

Miscellaneous. — For compensation of three commissioners appointed
under the fourteenth section of the act of August thirtieth, eighteen
hundred and sixty-one, providing for the seqiiestration of the estates
of alien enemies, and for the indemnity of citizens of the Confederate
States, $2,220.

For contingent expenses of said commissioners, $500.

For wages of assessors, and for printing, under the pot of Congress
of August nineteenth, eighteen hundred and sixty-one, providing for
a war tax, $125,000.

For salaries of chief collectors of war tax, under the same, $11,033.

For transmission 'of the funds of the Confederate States, $100,000.

For the purchase of diplomatic books for the use of the Department
of State, $1,500.

For the purchase of a year's supply of sugar and molasses for the
Army, $1,113,400.

For redemption of Treasury notes issued under the act of May
sixteenth, eighteen hundred and sixty-one, and burned or otherwise
rendered unfit for circulation by the holders, $30,000.

For pay of warrant and petty officers, seamen, ordinary seamen,
landsmen, and boys, and the Engineer's Department of the Navy, as
bounty, authorized by act of Congress, approved January sixteenth,
eighteen hundred and sixty-two, $100,000.

For bounty of $50 to each non-commissioned of&cer, musician, and
private who may enlist for three j^ears or during war, on the basis
that 100,000 men will enlist, the sum of $5,000,000.

For the transportation of the above men from the place of enlist-
ment to the army in the field, $1,000,000.

Approved February 15, 1862.

AN ACT to fix the rank of certain officers.

The Congress of the Confederate States of America do enact, That
the rank of commissioned officers of regiments, battalions, squadrons,
and companies, who continue in service by re-election in regiments,
battalions, squadrons, or companies, organized of troops re-enlisting
under the act providing for the granting of bounty and furloughs to
privates and non-commissioned officers in the Provisional Army,
approved December eleventh, eighteen hundred and sixty-one, and
the act supplemental thereto, approved February third, eighteen hun-
dred and sixty-two, or under the act to provide for the recruiting
companies now in the service of the Confederate States for twelve
months, approved January twenty-ninth, eighteen hundred and sixty-
two, shall date from the time of their original election or appointment :
Provided, Such officers shall be re-elected or appointed to offices of
the same grade in the same corps.

Approved February 15, 1862.

AN ACT to provide for an increase of the Quartermaster's and Commissary

Departments.

The Congress of the Confederate States of America do enact, That,
in addition to the number of quartermasters, assistant quartermas-
ters, comniissaries, and assistant commissaries, now allowed by law.

CONFEDERATE AUTHORITIES. 941

the President sluiU have authority to appoint as many of said officers
as shall, in his discretion, be deemed necessary at permanent posts
and depots; said appointments to terminate at the close of the war or
sooner if the services of the officer can be advantageously dispensed
with: Provided, That no quartermaster, assistant quartermaster,
commissary or assistant commissary, be authorized to employ a clerk;
but the commanding officer of quartermasters, assistant quartermas-
ters, commissaries, or assistant commissaries shall detail from the
ranks under his command such person or persons as may be necessary
for service in the offices of said quartermasters, assistant quarter-
masters, commissaries, and assistant commissaries.
Approved February 15, 1862.

AN ACT concerning the pay and allowances due to deceased soldiers.

The Conyress of tlie Confederate States of America do enact, That
tlie pay and allowances due to any deceased volunteer, non-commis-
sioned officer, musician, or private in the Army of the Confederate
States, shall be paid to the widow of the deceased, if living; if not, to
the children, if any; and in default of widow or children, to the father,
if living, and if not, to the mother of such deceased volunteer.

Sec. 2. The paj^ and allowance due as aforesaid shall be paid by
the paymaster or proper officer charged with the payment of the
troops to the ijerson or persons entitled to the same, or to his or her
authorized agent, attorney, or guardian, upon the pay-roll made out
and cei'tified by the captain or commanding officer of the company to
which the deceased was attached, which pay-roll the captain or com-
manding officer as aforesaid shall make out and deliver to the person
or persons entitled to such pay and allowance, or to his, her, or their
authorized agent, attorney, or guardian, and shall state in such pay-
roll the name of the deceased volunteer, the company and regiment
to which he was attached, and the date of his enlistment and death;
and the paymaster or officer to whom said pay-roll shall be directed
shall pay the same according to the tenor thereof, and shall file such
pay-roll with the pay-rolls of the Army.

Approved February 15, 1862.

AN ACT to provide for the connection of the railroad from Selma, in Alabama,
to Meridian, in Mississippi.

Whereas, the President in his message of the seventeenth of Decem-
ber has expressed the opinion that the completion of the Mississippi
and Alabama River Railroad, so as to connect Selma, in Alabama,
with Meridian, Miss., is indispensable for the successful prosecution
of the war, in which opinion Congress fully concurs: Now, therefore,

The Congress of the Confederate States of America do enact, That
the President be, and he is hereby, authorized to advance to the pres-
ident and directors of the Alabama and Mississippi River Railroad
Company the sum of $150,000 for the purpose of completing the rail-
road connection between Selma, in Alabama, and Meridian, in Missis-
sippi upon such terms and conditions as he may deem best to secure
the early completion of said railroad connection and to secure the
return of the money so advanced.

Approved February 15, 1862.

942 correspondence, etc.

Special Orders, ) Adjt. and Insp. General's Office,

No. 38. ) Richmond, February 16, 1862.

4: H< :f: 4: :{c 4: 4:

II. All persons employed in the telegraph offices of the Confederate
States as operators are hereby exempted from military duty.

By command of the Secretary of War:

JNO. WITHERS,
Assistant Adjutant- General.

Richmond, Va., February 16, 1862.
Governor SHORTER,

Montgomery :

I prefer all infantry, but would accept one or two regiments of
cavalry.

J. P. BENJAMIN,

Secretary of War.

Richmond, Va., February 16, 1862.
Governor Joseph E. Brown,

Miliedgeville :
Your dispatch received. I will issue no more commissions to raise
troops till you have filled the requisition.

J. P. BENJAMIN,

Secretary of War.

Confederate States of America, War Department,

Richmond, Va., February 16, 1862.
Hon. Joseph E. Brown,

MilledgeviUe, Ga.:
Sir : Your letter of the 4th instant, making certain inquiries respect-
ing re-enlisted troops and the commissions of their officers, has been
received. To your several questions I have the honor to make the fol-
lowing replies : First. The company and field officers elected under
the provisions of the act granting bounty and furloughs are to be
commissioned by the President. Second. Whether the troops origi-
nally entered the Confederate service through State authority, or
independent of it, they now re-enlist under the provisions of a law of
Congress, and the officers must all be commissioned by the President.
Third. State troops now in service for a term of six months can
re-enlist for two years and six months from and after the expiration
of their present term, the officers to be elected and afterward to be
commissioned by the President. Fourth. The clause in the Constitu-
tion to which you refer applies upon its face only to the militia and
not to forces raised by virtue of an act of Congress. The re-enlisted
troops are not raised by State authority, but voluntarily enroll them-
selves under the provisions of a Confederate law. I would enter more
into detail in furnishing Your Excellency with my views on this

CONFEDERATE AUTHORITIES. 943

subject did not the immense pressure of public business make it
impossible.

Your obedient servant,

J. P. BENJAMIN,

Secretary of War.

P. S. — I will add that the officers of the regiments called for from
the States under the recent act of Congress are, in my opinion, to be
commissioned by the Governor of Georgia, as they are State troops
tendered to the Confederate Government. I will further add that I
fully reciprocate the desire of Your Excellency that there shall be
entire harmony in the action of the two Governments, and I cannot
let pass the occasion of expressing my grateful acknowledgments for
the uniform courtesy, promptness, and efficiency which you have
exhibited in aiding me in my arduous and responsible duties.

J. P. B.

AN ACT to repeal an act therein named.

The Congress of the Confederate States of America do enact, That
an act entitled "An act to provide for raising and organizing, in the
State of Missouri, additional troops for the Provisional Army of the
Confederate States," indorsed, "passed January ninth, eighteen hun-
dred and sixty-two," * be, and the same is hereby, repealed.

Approved February 17, 1862.

AN ACT to make disposition of negro slaves captured from hostile Indians.

The Congress of the Confederate States of America do enact, That
all negroes who are slaves, belonging to hostile Indians who are mem-
bers or citizens of any one of the tribes of Indians friendly to this Gov-
ernment, and who have been, or may hereafter be, captured by troops
or persons in the service of the Confederate States, shall be delivered
to the superintendent of Indian affairs west of Arkansas.

Sec. 2. That said superintendent shall carefully inform himself of
the pereons and tribes to whom each negro belongs, and shall promptly
notify the executive or head chief of the proper tribe or tribes to
receive the same at some convenient place, and shall deliver said
negro or negroes to said executive or head chief of said friendly tribe
or tribes as captured property, to be held by said tribe or tribes until
such provisions and orders shall be made by this Government as shall
seem just and wise, and shall take receipts for the same.

Sec. 3. That the said superintendent shall, at or before the time of
such delivery, make out a record, showing the name and age and
value of each slave received by him, and shall report the same, and
the fact of such delivery, or other disposition of each of said negroes,
to the Commissioner of Indian Affairs, together with all the facts of
time, place, and circumstances of the capture, and by whom captured ;
but in no case shall any free negro who is so captured be given up by
virtue of this act.

Approved February 17, 1862.

*See Series I, Vol. LIU, p. 773.

944 COEKESPONDENCE, ETC.

AN ACT to fix the date at which the bounty shall be paid to soldiers enlisting for

the war.

The Congress of the Confederate States of America do enact, That
the bounty of fifty dollars, allowed by existing laws to soldiers en-
listing for the war or re-enlisting for two years or recruited, shall be
payable as soon as the volunteer entitled thereto shall have been
sworn into the Confederate service, and shall have been pronounced
by any surgeon or assistant surgeon of the Confederate States, after
inspection, as being fit and able to do military service.

Approved Februarj' 17, 1802.

Executive Depaktment,

February 17, 1862.

Gentlemen of the Senate and House of Delegates:

An increase of the forces in the field is imperatively demanded by
a proper regard for the public safety, not only of the people of Vir-
ginia, but of the Confederacy. The demand is instant and pressing,
and it should be met promptly by people of all classes. We are too
apathetic — too insensible to the wants and necessities of the times.
The force in the field is inadequate, and if we intend to maintain the
Government our people have approved and to secure our liberty and
independence in the struggle now upon us, promptness, decision, and
action are indispensably requisite. I desire to impress upon the
minds of our people that no time is to be lost. Now is the day and
now is the hour. The difficulty consists in the minds of many in pro-
curing arms for those who are willing and anxious to take the field
and risk their lives in defense of the interests and honor of the Com-
monwealth of Virginia and the Southern Confederacy. To remove
this difficulty I propose: First. That the Executive be instructed to
purchase such private arms as can be procured and have them repaired
and fitted for infantry, cavalry, and rifle service at the earliest prac-
ticable moment. Second. That the Executive shall be instructed to
have artillery made for field service. Third. That a State force (in
addition to the quota called for by the President), to consist of not
more than 10,000 men, be raised for State defense and be under the
control and direction of the State authorities. Such a force could be
well employed in the protection of the loyal people of Western Vir-
ginia and, indeed, in all parts of the State. Fourth. I renew the
recommendations presented in my message of the 11th instant anu
respectfully urge immediate action. To secure these important and
desirable ends I respectfully recommend an immediate appropriation
of $100,000. The Confederate Government has a wide theater upon
which to act, and it must look to the interests of all the States. It is
peculiarly the province of the Executives and Legislatures of the sev-
ei"al States to look after their local interests and to provide for them.
Having now discharged my duty, I leave these recommendations for
your action.

Respectfully,

JOHN LETCHER.

Jackson's River, February 17, 1862.
His Excellency Governor Letcher:

Sir: When in Richmond I had some conversation with you in rela-
tion to the extension of the Central Railroad to Covington. AH that

CONPEDEKATE AUTHORITIES. 945

is necessary to complete the road to Covington is the delivery of eight
miles of railroad iron at this point. The work is ready for the rail,
and there is about one mile of iron here. I have written to the Quar-
termaster-General urging him to take some steps to secure the com-
pletion of the I'oad, and stated to him that it would be impossible to
maintain an army west of Lewisburg if we had to transport all the
supplies from this point. It will be necessary to transport not only
supplies for the soldiers, but likewise forage for the horses. The
(luartermaster at the White Sulphur is now hauling corn from Monroe
County, a distance of twenty and thirty miles. The quartermaster
at the White Sulphur is now impressing corn, not being able to buy
ut a reasonable price. I believe that in a month or two all the sur-
plus corn west of the Alleghany Mountains will be consumed. If
the railroad was finished to Covington we would save nine miles of
the worst road of wagon transportation, and could so improve the
road from Covington west as to enable us to supply a large army as
far as Meadow Bluff, a distance of forty-five miles from Covington.
Covington would also become the point from which the army in Poca-
hontas would be supplied. The distance from Covington to Hunters-
ville is five miles less than from Millborough, and in addition to saving
five miles in distance we avoid crossing one or two high mountains.
The Central company have now on hand the iron to lay this nine miles
of road, bought for the purpose, but decline to use it for the alleged
reason that during the j'ear or at the latter end of the year they may
wish to relaj' a portion of their track east of Covington. It is doubt-
ful whether they will want the iron for this purpose, but would it not
be bettor to complete the road to Covington and tise it for the summer
< aiiipaign, and thus save Western Virginia, if possible; and if at the
fud of the year the eastern part of the Central road needed repairing
and the iron could not be gotten elsewhere, to take up the nine miles
west of Covington ? I hope you will bring this subject to the atten-
tion of the Secretary of War. If it is proposed to build the road to
Covington it should be done at once. In a month or two all the
rolling-stock of the Central road will be required for movement of
troops and supplies, and they will not then be able to transport the
iron.

Yours, truly,

JAMES G. PAXTON,
Captain and Assistant Quartermaster.

[First indorsement.]

Executive Department of Virginia,

February 19, 1862.

This letter is earnestly commended to the attention of the Honorable
Secretary of War.
By order of the Governor:

S. BASSETT FRENCH,

Aide-de- Camp.

[Second indorsement.]

Colonel Myers for prompt attention.

J. P. B.

[Third indorsement.]

Some time since I had an interview with the president of the Vir-
ginia Central Railroad, and urged strenuously the completion of the
60 R R — SERIES IV, VOL I

946 CORRESPONDENCE, ETC.

railroad from Jackson's River to Covington. The president is very
desirous to do the work, but says the iron he has on hand is necessary
for the repairs of his road now in active operation. If the iron which
has been delivered to the Winchester and Potomac Railroad is taken
to extend the Central road a great public interest will be subserved.
The importance of the operations in Western Virginia demand that
this should be done.

Respectfully, &c.,

A. C. MYERS,
Quartermaster- General.

[February 18, 1862.— For Davis to Avery, in relation to resolutions
of the North Carolina convention, &c., see Series I, Vol. IX, p. 435.]

[February 19, 1862. — For Harris to Davis, announcing that he has
ordered out everv armed man in Tennessee, see Series I, Vol. LII,
Part II, p. 276.] "

[February 20, 1862. — For Chesnut to Benjamin, reporting number
of Soiith Carolina troops in Confederate service, see Series I, Vol. VI,
p. 404.]

Richmond, Va., Fet/ruary 22, 1862.
Hon. J. P. Benjamin,

Secretary of War:
Sir : I have the honor to state there are now many volunteers from
Maryland who are desirous of organizing themselves as soon as pos-
sible into companies, regiments, and brigades in accordance with a late
act of Congress. As the act has not yet been promulgated, I would
respectfully request an order may be published making known the
I)rovisions of the act authorizing the transfer of Maryland men from
companies and regiments they are now in to the First Maryland Regi-
ment, or to such new companies as may be formed, and with such
instructions to facilitate the organization as may bo deemed necessary.
I would also most earnestly request I may bo ordered to superintend
this organization and to collect the men together as rapidly as possible.
My plan is to have them sent to the camp of the First Maryland Regi-
ment, near Manassas, where they can be formed into companies, armed,
equipped, and instructed. It may be necessary for mc to have authority
to visit Richmond occasionally, and perhaps Norfolk, Fredericksburg,
Winchester, and other places where Maryland men can be found, and
where I wish to estaVilish recruiting rendezvous. There are many
things to be done which will require my personal supervision, and
cannot be accomplished as effectually by deputy. I would respectfully
suggest a rendezvous be established at some point on the line of the
Potomac, to which might be drawn some of the best material from
Maryland, who could come with their own arms. If compatible with
the public interest I would further suggest the Maryland troops be
stationed at some point on the 'Potomac, and I firmly believe as soon
as this is known in Maryland numbers of young men would come over,
bringing extra arms and other necessaiy articles which at this time

CONFEDERATE AUTHORITIES. 947

cannot conveniently be had; and be assured that my sole object and
solicitude in this matter is, in every way within my power and energy,
to render more effectual the Maryland service to the interest and wel-
fare of the Confederate States.

I am, sir, with great respect, your obedient servant,

GEO. H. STEUART,
Colonel First Maryland Regiment.

Confederate States of America, Wae Department,

Richmond, Va., February 22, 1862.
Capt. A. L. Rives,

Acting Chief Engineer Bureau, Present:
Sir : A law having recently been passed by Congress appropriating
$1,000,000 for connecting the Richmond and Danville and the North
Carolina Central Railroads, surA-^eys of exploration under the direction
of the Engineer Department, C. S. Army, are hereby authorized and
ordered with the view of determining promptly the most satisfactory
connection. An officer of the Engineer Corps, Provisional Army,
C. S., will conduct them, and is authorized to secure such assistance,
equipage, &c. , as may be required. He will examine instrumentally
two leading routes with sufficient detail to enable the President to
select advisedly, the more minute surveys necessary to a final location
being postponed until such selection is made. One of these routes is
from Danville to Greensborough direct; the other from Barksdale
Station, Richmond and Danville Railroad, to a point on the North
Carolina Central not far from the Company's Shops, near Graham.
Yotu- obedient servant,

J. P. BENJAMIN,

Secretary of War.

State of North Carolina, Executive Department,

Raleigh, February 22, 1862.
Hon. J. P. Benjamin,

Secretary of War:
Sir: In my communication to you of the 11th instant I desired an
answer to a portion of it in reference to the organization and neces-
sary expenses of the camps of instruction therein mentioned, and said
the adjutant-general of this State would proceed to Richmond and
arrange the details in writing with such officer of the. Confederate
States as you might designate. I am still without this answer, and
desire that it may be furnished to me at your earliest convenience.
Very respectfully, yours,

HENRY T. CLARK.

Richmond, Va., Febrvm-y 23, 1862.
Col. A. J. Pickens,

Atlanta:
If Governor Brown tenders your cavalry regiment, provided it is
for the war, I will receive it as part of the quota called for from

the State.

J. P. BENJAMIN,

Secretary of War.

948

Confederate States op America, War Department,

Bichmond, Va., February H, 1S62.
Governor John Gill Shorter,

Montgomery, Ala.:
Sir: I have the honor to acknowledge the receipt of your letter of
the 13th instant and submit the following reply: First. Under the
recent act of Congress troops can be enlisted singly into the Confed-
erate service, as well as by companies, battalions, or regiments.
Second. Your Excellency is fully authorized to take such measures
as you deem proper for carrying out the purpose of the law. No
interference will be met with from the Confederate authorities. We
are satisfied to accept the troops after you have organized them. You
are also hereby authorized by yourself and officers to enlist the men.
Third. By the present law the troops are to be subsisted as fast as
they are enlisted by the Confederate Government. Fourth. Confed-
erate ofBcers will be stationed at the camp you designate to subsist
the men and pay them bounty as fast as enlisted. Fifth. The Gov-
ernment furnishes blankets, shoes, and underclothing, and can furnish
all the summer and fall clothing. If the State will co-operate with
this, however, its assistance will be very welcome. I beg you to excuse
some delay in my reply, but the business in my office is so pressing I
cannot be very punctual.

Very respectfully, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

Confederate States op America, War Department,

Bichmond, Va., February 24, 1862.
Governor Joseph E. Brown,

MiUedgeville, Ga.:
Sir: Your favor of the 14th instant is received, and I cannot too
warmly express my acknowledgments for your prompt and cordial
co-operation in our effort at defense. I think two regiments of cavalry
will be all that we can accept from your State in proportion to the
number of infantry called for. I will, of course, accept any reason-
able number of cavalry regiments above your quota, but of the num-
ber called for I would not be able to accept more than two regiments.
Cavalry will be armed with carbines or double-barreled shotguns and
sabers, or we will take lancers and provide the lance. We have no
pistols, but would pay for any that the men can arm themselves with
at fair prices. The batteries for the artillery can be promptly fur-
nished. Two companies are all that I can receive from your State at
present, as the rivalry for that arm is very great.
I am, your obedient servant,

J. P. BENJAMIN,'
Secretary of War.

MiLLEDGEVTLLE, February 24., 1862.
Hon. J. P. Benjamin:

Please hasten forward your staff officers to the three camps, with
tents, cooking utensils, and all necessary supplies. I cannot order in
the troops till these things are prepared. Will you receive as much
as two regiments of cavahy ?

JOS. E. BROWN.

CONFEDERATE AUTHOBITIES. 949

"WAB DEPAETMElfT,

Richmond, Va., February 24, 1862.
His Excellency Thomas O. Moore,

New Orleans, La.:
SiE: I must apologize to you for my delay in replying to your letter
of the 3l8t ultimo; but amid the immense pressure of business on this
Department such omissions are sometimes unavoidable. I can now
only inform you that before the receipt of your letter arrangements
bad been made for all the arms of the Confederate Government in the
West Indies.

Respectfully,

J. P. BENJAMIN,

Secretary of War.

CONFEDEBATE STATES OF AMERICA, W^AE DEPABTIIEHT,

Bichmond, February 2j^ 1862.
Governor H. T. Clark,

Raleigh, N. C:
Sir: In reply to your favor of the 11th instant, which it has been
impossible to answer at an earlier date, I beg to assure you that you
correctly understood my former letter, and that this Government will
bear all the expenses of the camps of instruction. I shall be ready at
any moment to give such written stipulations to your adjutant-general
as you may deem desirable on this subject.

I am, very respectfully, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

State of North Caeolina, Executive Depabtmeht,

Bdleigh, February 24, 1862.
Hon. J. P. Benjamin,

Secretary of War, Richmond, Va.:

Sir: a few days since I inquired of you if you could furnish guns
and equipments for an artillery company (Captain Lloyd). I will add
that a number of artillery companies have offered themselves to me,
but having no armament for them, and not knowing to what extent
you were prepared to furnish them, I was unable to receive them.
Several have informed me that they were acting under your permis-
sion, and in two instances that you had promised to receive a battalion.
Not knowing whether you preferred battalions or companies, or
whether they would probably be used as battalions and kept together
as such, I have not as yet undertaken to organize them. But a main
item of consideration, and worth some attention, is the means of
officering these battalions, or even companies. The young gentlemen
getting them up are worthy, clever young men, but of no military
experience or education.

By the laws of our State I can appoint a captain and lieutenant to
get up a company; but when a battalion is organized they must elect
their own officers, unless you can appoint for them; and a colonel,
lieutenant-colonel, or major of battalion should be an officer of some
experience. Captain Lloyd, for whose equipment I applied to you,
was a captain in our Bethel regiment, and won the especial notice and
approbation of his officers for his general good behavior, as well as

950 CORRESPONDENCE, ETC.

his conduct on the day of the battle. Of course, I would be pleased
if you could equip all these companies; but supposing you could not,
I should like to have some information from you to guide my course.
If you will let me know what companies you have engaged to equip,
and to what extent, or how many you can or desire to equip or raise,
or whether any experienced officers or practical gunners or drill-
masters could be furnished — or may not some of these companies or
officers of proposed companies been intended for heavy batteries in
the forts and batteries ? [sic]
Vei-y respectfully,

HENRY T. CLARK.

February 25, 1862.
To the Senate and House of Representatives op the Confed-
erate States:

In obedience to the constitutional provision requiring the President
from time to time to give to the Congress information of the state of
the Confederacy and recommend to their consideration such measures
as he shall judge necessary and expedient, I have to communicate
that since my message at the last session of the Provisional Congress
events have demonstrated that the Government had attempted more
than it had power successfully to achieve. Hence, in the effort to
protect by our arms the whole of the territory of the Confederate
States, sea-board and inland, we have been so exposed as recently to
encounter serious disasters. When the Confederacy was formed the
States composing it were, by the peculiar character of their pursuits
and a misplaced confidence in their former associates, to a great
extent destitute of the means for the prosecution of the war on so
gigantic a scale as that which it has attained. The workshops and
artisans were mainly to be found in the Northern States, and one of
the first duties which devolved upon this Government was to estab-
lish the necessary manufactories, and in the meantime to obtain by
purchase from abroad, as far as practicable, whatever was required
for the public defense. No effort has been spared to effect both these
ends ; and though the results have not equaled our hopes, it is believed
that an impartial judgment will, upon full investigation, award to
the various departments of the Government credit for having done all
which human power and foresight enabled them to accomplish. The
valor and devotion of the people have not only sustained the efforts
of the Government but have gone far to supply its deficiencies.

The active state of military preparation among the nations of
Europe in April last, the date when our agents first went abroad,
interposed unavoidable delays in the procurement of arms, and the
want of a navy has greatly impeded our efforts to import military
supplies of all sorts. I have hoped for several days to receive official
reports in relation to our discomfiture at Roanoke Island and the fall
of Fort Donelson. They have not yet reached me, and I am therefore
unable to communicate to you such information of those events and
the consequences resulting from them as would enable me to make
recommendations founded upon the changed conditions which they
have produced. Enough is known of the surrender at Roanoke
Island to make us feel that it was deeply humiliating, however imper-
fect may have been the preparations for defense. The hope is still
entertained that our reported losses at Fort Donelson have been

CONFEDERATE AUTHORITIES. 951

greatly exaggerated, inasmuch as I am not only unwilling but unable
to believe that a large army of our people have surrendered without
a desperate effort to cut their way through investing forces, whatever
may have been their numbers, and to endeavor to make a junction
with other divisions of the army. But in the absence of that exact
information which can only be afforded by official reports it would
be premature to pass judgment, and my own is reserved, as I trust
yours will be, until that information is received. In the meantime
strenuous efforts have been made to throw forward re-enforcements
to the armies at the positions threatened, and I cannot doubt that the
bitter disappointments we have borne, by nerving the people to still
greater exertions, will speedily secure results more accordant with
our just expectation and as favorable to our cause as those which
marked the earlier periods of the war. The reports of the Secretaries
of War and the Navy will exhibit the mass of resources for the
conduct of the war which we have been enabled to accumulate not-
withstanding the very serious difficulties against which wo have con-
tended. They afford the cheering hope that our resources, limited as
they were at the beginning of the contest, will during its progress
become developed to such an extent as fully to meet our future wants.
The policy of enlistment for short terms, against which I have
steadily contended from the commencement of the war, has, in my
judgment, contributed in no immaterial degree to the recent reverses
which we have suffered, and even now renders it difficult to furnish
you an accurate statement of the Army. When the war first broke
out many of our people could with difficulty be persuaded that it would
be long or serious. It was not deemed possible that anything so insane
as a persistent attempt to subjugate these States could be made, still
less that the delusion would so far prevail as to give to the war the vast
proportions which it has assumed. The people, incredulous of a long
war, were naturally averse to long enlistments, and the early legis-
lation of Congress rendered it impracticable to obtain volunteers for
a greater period than twelve months. Now that it has become probable
that the war will be continued through a series of years, our high-
spirited and gallant soldiers, while generally re-enlisting, are, from the
fact of having entered the service for a short term, compelled in many
instances to go home to make the necessary arrangements for their
families during their prolonged absence. The quotas of new regi-
ments for the war, called for from the different States, are in rapid
progress of organization. The whole body of new levies and re-en-
listed men will probably be ready in the ranks within the next thirty
days, but in the meantime it is exceedingly difficult to give an accu-
rate statement of the number of our forces in the field. They may, in
general terms, be stated at 400 regiments of infantry, with a propor-
tionate force of cavalry and artillery, the details of which will be
shown by the report of the Secretary of War.* I deem it proper to
advert to the fact that the process of furloughs and re-enlistment in
progress for the last month had so far disorganized and weakened our
forces as to impair our ability for successful defense, but I heartily
congratulate you that this evil, which I had foreseen and was power-
less to prevent, may now be said to be substantially at an end, and
that we shall not again during the war be exposed to seeing our
strength diminished by this fruitful cause of disaster— short enlist-
ments.

*See Benjamin to Davis, p. 955.

952 CORRESPONDENCE, ETC.

The i)eople of the Confederate States, being principally engaged in
agricultural pursuits, were unprovided at the commencement of hos-
tilities with ships, ship-yards, materials for ship-building, or skilled
mechanics and seamen in sufficient numbers to make the prompt cre-
ation of a navy a practicable task, even if the required appropriations
had been made for the purpose. Notwithstanding our very limited
resources, however, the report of the Secretary will exhibit to you a
satisfactory progress in preparation, and a certainty of early comple-
tion of vessels of a number and class on which we maj' confidently
rely for contesting the vaunted control of the enetay over our waters.

The financial system devised by the wisdom of your predecessors
has proved adequate to supplying all the wants of the Government,
notwithstanding the unexpected and very large increase of expendi-
tures resulting from the great augmentation in the necessary means
of defense. The report of the Secretary of the Treasury will exhibit
the gratifying fact that we have no floating debt; that the credit of
the Government is unimpaired, and that the total expenditure of the
Government for the year has been in round numbers $170,000,000 —
less than one-third of the sum wasted by the enemy in his vain effort
to conquer us; less than the value of a single article of export, the
cotton crop, of the year.

The report of the Postmaster-General will show the condition of
that Department to be steadily improving, its revenues increasing,
and already affording the assurance that it will be self-sustaining at
the date required by the Constitution, while affording ample mail
facilities for the people.

In the Department of Justice, which includes the Patent Office and
public printing, some legislative provisions will be required, wliich
will be specifically stated in the report of the head of that Department.
I invite the attention of Congress to the duty of organizing a Supreme
Court of the Confederate States, in accordance with the mandate of
the Constitution.

I refer you to my message communicated to the Provisional Con-
gress in November last for such further information touching the con-
dition of public affairs as it might be useful to lay before jou, the
short interval which has since elapsed not having produced any mate-
rial changes in that condition other than those to which reference has
already been made.

In conclusion I cordially welcome Representatives who, recently
chosen by the people, are fully imbued with their views and feel-
ings, and can so ably advise me as to the needful provisions for the
public service. I assure you of my hearty co-operation in all your
efforts for the common welfare of the country.

JEFFERSON DAVIS.

Executive Department,

February 25, 1862.
Gentlemen of the Senate and House of Delegates:

I have received from J. B. "Winston, esq., secretary of a railroad
convention representing the companies of the district embracing the
State of Virginia, the State of Tennessee east of Knoxville, and the
State of North Carolina north of Weldon, inclosing resolutions adopted
by said convention. The object proposed to be accomplished by these
resolutions is in the highest degree important in the present condition

CONFEDERATE AUTHORITIES. 953

of the countay. These roads are indispensably necessary for the
transportation of our troops and supplies, and any interruption caused
by the destruction of the bridges or portions of the track would oper-
ate most prejudicially to the interests of Virginia and the other Con-
federate States. I recommend the subject to your early consideration.
The communication and resolutions are herewith transmitted.
Respectfully,

JOHN LETCHER.

[lucloanre.]

Richmond, Febrtmnj 19, 1862.
His Excellency John Letcher,

Governor of Virginia:
Sir: In conformity with a resolution of the railroad companies of
the district embracing the State of Virginia, the State of Tennessee
east of Knoxville, and the State of North Carolina north of Weldon,
in convention assembled to-day, I have the honor to communicate to
you the following resolutions adopted by said convention:

Resolved <is the semse of this convention. That in the present condition of the
country it is necessary in order to preserve the efficiency of railroad transporta-
tion that military power and authority shonld be conferred on the presidents of
the several railroads to organize and control a force of men not subject to draft
to guard and protect the bridges on their roads against open force or secret
incendiarism.

Resolved, That the Grovemor of the State be requested, if he has authority to do
so, to detail a force for that purpose from the counties in which said bridges are
located ; and if he has no such power that he be respectfully requested to ask that
such power be granted to bim by the Legislature.

Very respectfully,

J. B. WINSTON,

Secretary.

General Orders, ) War Department,

[• Adjt. and Insp. General's Office,
No. 8. ) Richmond, February 26, 1862.

I. The following act of Congress, with regulations of the Secretary
of War thereupon, are published for the information of the Army:

AN ACT to authorize and provide for the organization of the Maryland Line.

Section 1. The Congi-ess of the Confederate States of America do enact. That all
native or adopted citizens of the State of Maryland who have heretofore volun-
teered, are now in, or may hereafter volunteer in the service of the Confederate
States' may, at their option, be organized and enrolled into companies, squadrons,
battalions, and regiments, and with the First Maryland Regiment, and several
companies now in service, into one or more brigades, to be known as the Mary-
land Line ; said organization to be in accordance with existing laws.

Approved February 15, 1863.

II. In accordance with the requirements of the above act all Mary-
landers now in service in the military organizations other than that
of the First Maryland Regiment, will, upon application (proper evi-
dence setting forth the fact that they are native or adopted Mary-
landers being furnished), be transferred to the First Maryliiiid
Regiment; or, where the numbers are sufficient, may be organized
into companies, squadrons, battalions, or regiments, which, witli the
First Maryland Regiment, will be formed into brigades to be known
as the Maryland Line.

954 CORRESPONDENCE, ETC.

III. Col. George H. Steuart, now commanding the First Maryland
Regiment, is assigned to this duty of organization, re-enlisting for his
own regiment, and reorganizing from the material obtained by enlist-
ments and transfers, in accordance with the foregoing law, having
command of the whole.
By order of the Secretary of War:

S. COOPER,
Adjutant and Inspector Oeneral.

[February 20, 1862. — For Moore to Benjamin, offering short term
voluiiteers for re-enforcement of General Beauregard, see Series I,
Vol. VI, p. 830.]

AN ACT supplementary to an act entitled "An act to establish the War Depart-
ment," approved February twenty-first, eighteen hundred and sixty-one.

The Congress of the Confederate States of America do enact, That
if any of&cer of the Army be appointed Secretary of War, and enter
upon the duties of that office, he shall not thereby lose his rank in the
Anny, but only the pay and allowance thereof during the time he is
Secretary of War and receiving the salary of that officer.

Approved February 27, 1862.

AN ACT to authorize the suspension of the writ of habeas corpus in certain cases.

The Congress of the Confederate States of America do enact. That
during the present invasion of the Confederate States the President
shall have power to suspend the privilege of the writ of habeas corpus
in such cities, towns, and military districts as shall. In his judgment,
be in such danger of attack by the enemy as to require the declaration
of martial law for their effective defense.

Approved February 27, 1862.

JOINT BESOLUTION approving the resolution passed by the Legislature of
Virginia expressing her determination to vindicate her ancient boundaries.

Resolved by the Senate and House of Representatives of the Con-
federate States of America, That they hcartuy approve of the resolu-
tion passed by the Legislature of Virginia, expressing her determination
to vindicate the integrity of her ancient boundaries, and pledge all
the resources of the Confederacy to uphold her determination.

Approved February 27, 18G2.

Confederate States of America, War Department,

Richrnond, February 27, 1862.
His Excellency Henry T. Clark,

Grovernor of North Carolina, Raleigh:
Sir: Your favor of the 24th instant is just received. I have the
honor to reply that the Department will arm and equip all companies

CONFEDERATE AUTHORITIES. 955

of light artillery which have been already accepted or authorized, in
the order of their muster into ser^'ice, as fast as the batteries can be
furnished; but all our batteries are now pre-engaged for some time to
come, so that it is not desirable at present to authorize new companies
to be organized except where their batteries can be furnished either
by the companies themselves or by the State from which they are
raised.

In this latter case the organization of the companies will be left to
the State authorities, the companies being then accepted from the
State like any other part of its quota for the war. The Confederate
lawnow requires that all companies, battalions, and regiments accepted
directly by the Confederate Government shall elect their own oflcers,
and the Department could therefore have no power of appointment in
the case of battalions or regiments in any arm of the service. The
Department does not, however, in any event, desire the organization
of battalions or regiments of artillery. This arm of the service can
be employed most advantageously in single companies or distinct bat-
teries, and the organization of several companies together is therefore
discouraged generally and permitted only in cases that present strong
claims for exception. Your Excellency may accept, however, as many
companies of heavy artillery as may be offered. The number of expe-
rienced gunners and of persons suitable to command artillery com-
panies is so few that it is very desirable to secure all such everj^where
for the artillery service so far as may be practicable. I have the honor
to inclose to Your Excellency a copy of the last circular of this
Department.

Resi)ectfully,

J. P. BENJAMIN,

Secretary of War.

Confederate States of America, War Department,

Richmond, February — , 186^.
The President:

Sir : I have the honor to submit the following report of the condi-
tion of this Department and of the operations of the Army so far as
officially reported: The latter are so well known to the country that
I shall confine myself to the occurrences that have taken place since
my official report presented in December last; but the inauguration
of the permanent Government seems to render it expedient that some
general sketch should be given of the previous history of the Depart-
ment and of its present condition for the information of those members
of the Congress who had no part in the legislation of the past year. On
the organization of the Department, twelve months ago, there existed
in the six States that then formed the Confederacy no magazine of
supplies, no establishments for the maniifacture of ordnance, ord-
nance stores, and small-anns; nothing, in fact, except about

small-arms and a very small supply of heavy guns and ammunition
in the few scattered arsenals then existing in those States. On the
6th of March a law was passed to establish the permanent or Regu-
lar Army of the Confederate States, to be composed of seven regi-
ments, together with two corps — one of engineers and one of
artillery. On the same day the President was authorized to caU
for volunteers for twelve months, to a number not exceeding 100,000,

956 OORBESPONnENOE, KTO.

On (.ho lltli ol' March approprUvtloiiH vnm\ miwltN fur tho support <»f
Uio Reguhii- Army luul for u f(W l.roopH tlml, luul hoon ri\\6m by tho
several S(iHi.(^H h(<r()n> i,\w foriiuiliion ol' Uu^ (loiilWlonKW, "•'"' wliloI>
were traimlVrnMl to Ui(> (loiilodt^riuw and <ionNlii(,nted whal wan H(.yl<«l
Iho "I'roviMional Army." Tlio l.ol.al amount, amtroprhitiod for Uio
])ur(',liaM(i of arniH and nmniUonH of war waH about iDOOjOOO. No
approi»riatlonH won^ niado for rainiiifi; any volnntoor forooH, oxoopt I'lu-
;2,(K)0m(Miilnit. iti wa8 8nppoH(«l ini)j;lil, bo waiitwl forH(«rvioo in dliarh^H
Ion llarbor.and Iho OongroHHiidjournod on tho Klih of March l.onnt^i^l.
a-f^ain on the [Hooond Monday in May], iinlows Hoonc^roalh^l togc^llicr by
tlio fi-esidont'sproolaniathjn. War,thonKli Hoint^timi^H Hpokon of, wan
con.sidorod an improbable ovonl, l»y tho larger maJorKy of Ui(\ p(\opl(*,
and the OongrosB by its adjournnudit ma,nif((Hto(i its ooi.vlotloii tluit
no immediate iioHtiiitioH \v(^^^ ini])((ndlng andtliatno iH«^(*HHlty (^xiHto<l
for furtlu^r i)r((paratlonH for tlio pnl)lic d<^fonHo. 'I'lio rtv'onlH of tlio
i)<'I)artment, 1iow<w<m-, oxiiil>it tlie fact tluit lliiH hoiiho of HiMHirlly waw
not shared l)y the l^;x(^o^ltivo. An Immediato and uotivo oorroNpond-
oiice was at onwi comnKwuKMl liotwoen my prodooOHHor and ollloors of
Hiiill and oxpori<Mioo in l\ni Army of tlie United 8fcat(»H wIioho oltizen-
sliipanil prinoiplt's gave asHnrance tliat tlioy could not l)ut lie faltliful
to th(t cause of tJut (!onlcd(M-acy. T\w ItusineHH of tlu^ 1>(tpartm(inli
wa,s divided inlii its a,pproi)riatie l)nr((auH; otIleerM H<*l(HMi(hd for con-
dut^ting (uich l)ratieli of tiiat. busincms; ordnance, onKliKMtriiig, (|uar-
tcrmaHter, and commisHary ol1ic(M-s s(d<uttod and put, U> work, and
active agents sought for, of sulllciiwit. slcili, c.liara.ct((r, and cn|HMiltiy
for malcing purcliases of arms and munitions of war witli tlie v<*ry
limit.cd amount of nioncty placed at. tlxh disposal of tint ScM-relHrry.
After various unHii<'.<'.<»HHfnl negotdationH witJi dillVirent piM'soris tJie
Department was fortunate enough to secure, on \,\ni Ifitli of Aj»rll,
two exporiencetl olllrrers, thoroughly skilled in onlnance duties, of
active business luibits and un(|neNtional)le intttgrltiy. 'IMx^stt oI!1(mm'H
wen* at once diHpat<died atiroad on a general niisHlon for tin* proeurit-
ment of arms and munitions of war, witli iustriict.ions to spartt no
(iirort in obtaining all iiossilile information as to every avalhible source
of supply Ixttli in (Irc^at liritain and on the (Jcnitlnent/.

Just ai)oiit tills ])eriod occurred the bombardment of l^'ort Hiimter,
the jiroclamation of l'resid(wit l^incoln calling for 7C,()()() mctn and
announcing his intention to blocl^ade ourjtorts, and. tlie prcxdamathni
of tlie lOxecutive of the ( ionfederacy convoiiing (iongn^ss in oxtjii
sessi(m on the -'Id of May.* Hostilities on a large scale v/(iv(\ evidently
imminent, and on tlie Otli of May (!ongress passed an act "recogni/.iiig
tlie existence of war |«i(,w<(en tihe lliiit,ed Htat<is and t.lie < !oiif<"l((ratie
St,at,(^H, and concei'ning ietUjrs of maniiic*, j)ri/,((s, and prl/,(» goods."
On the -'1st of May the (Irsi, a,ppr'opriationN wer<» made t.o pi'ovide the
m(!ans for carrying on flie war, a,mountlng iio al)out, $A(),(M),0(K). In
the meantime the St.ates of 'I'ctxas and Aricansas had Joined tilie (t(ni
fedcrucy, and the Ht,atcs of 'l'enn<!ssee, Nortli Oarollna, and Virginia,
had l<al<en siicli pi-i^iiniinary measures as gave entire <;on(l(i(tii(M) tiiat<
tlicir fortunes would soon l)e united with t/iiose of the <!onl'<^deraey.
On the same day t<liat, the ai)f)ropriat,ions.werit mad(t the r(tmovai of
t,lie seal: of government t,o Iticlimond was ordered, and C)<Migr(*SH
adjourned t.o iiw.i'l in tills <',ity on the ii()(;li of .luly, Tlie tlireat<Miing
demonstrations of tlie enemy on tlie fronliei- of Virginia indinied IJie
i'l'esident to ordei- t.lie imirKMliate jMimovai of tlie did'erent/ (htpart-
ments t^o this Htate, and early In June tlie H(»ere(/ary of War was for

*Ai)ril 20. IHOl, in t,)ii. cornxit ditto.

CONTEDERATE AUTHORITIES. 957

the first time enabled, with adequate appropriations, to commence
operations for procuring arms and munitions of war on a scale at all
commensurate with the urgent wants of the service and the vast
forces to which we were opposed.

During the seven weeks which elapsed between the arrival of the
Executive in Richmond and the meeting of Congress, every effort of
the Department was directed to the re-enforcement of the armies of
(xenerals Johnston and Beauregard, each confronted on the northern
border with greatly superior numbers; but such was the absolute defi-
ciency in supplies, arms, munitions, and means of transportation, and
so short was the period for preparation, that the total effective force
of the combined armies of our generals on the glorious 21st of July,
18G1, was only 28,000 effective men, as shown by the offtcial reports;
and so thoroughly exhausted and prostrated was the army by the
exertions and fatigue of that desperate struggle as to cause both its
distinguished commanders to pronounce pursuit impossible and an
aggressive movement totally impracticable. The President of the
United States had, in his message addressed to the Congress of that
nation prior to the battle of Manassas, avowed the purpose of making
conquest of the Confederate States, and had succeeded in obtaining
a grant of an army of 500,000 men and $500,000,000. In order to
meet these vast preparations for our subjugation the act of the 8th of
August, 1861, authorized the President to call for 400,000 volunteers,
and on the 21st of the same month an additional appropriation of
857,000,000 was made for the public defense. Soon after the removal
of the seat of government, however, the health of my predecessor
liad become impaired by the incessant labors and responsibilities of
his ofBce, and both from this cause and the want of adequate assist-
ance the business of the Department was unavoidably in arrears
when he felt compelled to resign his post in September last. The
duties of his office were then temporarily performed, at the request
of the President, by the undersigned, then the head of another
Department, and the double duties of the Attorney-General and Sec-
retary of War remained committed to his charge until the 15th of
November, when he was relieved from the duties of Attorney-General
and placed permanently in charge of the Department of War.

During this pei'iod of about five months the increases in the armies
on both sides ; the expansion of the area over which hostilities are con-
ducted; the addition to the Confederacy of the States of Kentucky and
Missouri while both were actually invaded by the enemy; the defense
of the sea-coast, attacked by powerful naval expeditions at almost
every assailable point; the desperate efforts of the enemy in putting
forth the utmost of his gigantic strength and lavishing all his available
resources in the vain hope of our speedy conquest, have combined to
throw upon the Department a weight of responsibility and a burden
of labor almost beyond human endurance. Even with adequate sup-
plies and instructed oflicers the task would have been formidable
in the extreme. But far different was our condition. We were with-
out the means of manufacturing at home except in such establish-
ments as private enterprise or Government patronage had called into
existence since the commencement of the war; we were in many
instances without even the raw material for manufacturing the need-
ful supplies. We had no navy to protect our commerce abroad and
our enemy steamed without opposition along the waters of our coast.
Foreign nations acquiesced in the paper blockade proclaimed by the
United States, and such arms and munitions as we could purchase

958 COEEESPONDENCE, ETC.

abroad were introduced in vessels specially bought by the Govern-
ment for that purpose. We had instructed oflacers barely sufficient
for an army of ten regiments, and forty times that number were in
the field. The regiments furnished from the different States were to
be organized, their staffs appointed, and their wants supplied, the
whole through the agenej' of citizens selected from civil pursuits and
entirely ignorant of the office they were selected to fill. The diffi-
culties presented in the performance of duties so varied and so
onerous, with means so inadequate, would have been absolutely
insurmountable but for the generous and earnest support and
co-operation of the people, who, with unsurpassed devotion, have
supplied the deficiencies of the Department. It is but bare justice
to add that seldom has a public officer been aided by more earnest,
intelligent, and unremitting labor and zeal than have been displayed
by the chiefs of the different bureaus of the Department. I now
proceed to state with some detail the measures adopted by the
Department from time to time for the supply of arms and munitions
of war, so far as it is deemed prudent at the present time to make
them public. It was in the middle of April, as before remarked, that
the agents of the Department were dispatched to Europe with a part
of the small appropriations then at the disposal of the Government.
They were instructed to purchase 6,000 rifle muskets and 250 tons of
gunpowder. The danger of arrest in the United States compelled
circuitous travel and delayed their arrival in England till late in
May. By the Ist of June a conditional contract was made for the
manufacture of 10,000 arms in London. The state of public affairs
in Europe had caused the pre-engagement of aU manufacturing
establishments in the early spring. In the language of the agent,
"the markets were swept." Eve^hing could be obtained by pur-
chase except arms and cannon, and of these there were none except
some worthless muskets of various caliber and patterns. France,
Spain, and Belgium were visited in the vain attempt to purchase
arms ready-made, and finally we were reduced to the necessity of
contracting with manufacturers for their delivery as fast as they
could be made.

The entire deliveries at the various manufactories, amounting alto-
gether to 91,000 stand of arms, will have been completed within the
next two months, although but about 15,000 have yet been received
within the Confederacy. The purchases necessary for supplying gun-
powder, rifle cannon, and military equipments of all kinds were also
made abroad, and as most of these could be obtained ready-made they
have been received in considerable quantities and as rapidly as they
could prudently be imported. Large quantities of medicines, blankets,
and equipments of all kinds have reached the Government, and within
the last six weeks the Department has received fifty-five tons of gun-
powder of its own importation and sixty-five tons imported by private
citizens. The total purchases abroad have amounted to more than
82,500,000. Early attempts were also made by the Department to pur-
chase military supplies in Canada, Cuba, and Mexico, both on the sea-
board and in the interior, but these markets furnished resources too
limited to be of much value. But it was to the development of our
own resources at home and to the establishment of arsenals, foundries,
powder mills, and workshops that the attention of the Department was
more specially directed. Owing to the cessation of foreign commerce
it became apparent that the stock of raw material for the manufac-
ture of artillery, small-arms, gunpowder, and military equipments

CONFEDERATE AUTHORITIES. 959

would soon be exhausted. Contracts were made for extracting the
ore from the mine and the saltpeter from the earth, and the tempta-
tion of a constant market at remunerating prices soon induced the
iron master to rekindle furnaces long abandoned. Independently of
contracts for the importation of 2,000 tons of saltpeter from different
points, our own citizens have engaged to furnish 1,105 tons, manu-
factured at home. We are already supplied with sulphur in abun-
dance for working up the whole quantity of saltpeter, and there are
powder mills in the Confederacy capable of affording at least ten tons
of powder per day if supplied mth the raw material. The manufac-
ture of powder recently has been at the rate of three tons per day,
and no increase of that quantity will be made until some of the car-
goes ordered from abroad are received. The outstanding contracts
for iron amount to about 40,000 tons, while those for shot and shell
amount to about 27,000 tons, independently of 350,000 projectiles for
artillery. Sea-coast and siege guns and mortars to the number of 890
are now under contract, besides all that have been issued, and the
number of field pieces delivered from the foundries in the Confeder-
acy has averaged three per diem since the 1st day of August last.
More than 500,000 of infantry accouterments have been issued, and
contracts for the manufacture of 66,500 muskets and rifles are now
in process of execution, besides large numbers of pistols and sabers.
The Department is also working three lead mines and is receiving, in
addition, under contract, about 20,000 pounds of lead per day. The
Government armories at Richmond and Fayetteville are now supply-
ing muskets and rifles at the rate of 1,500 per month, and the supply
could be doubled but for the deficiency of skilled labor and the great
demand for workmen in private workshops. In presenting this state-
ment of the development of our home resources for the defense of the
country it is gratifying to feel the assurance that with the single
exception of small-arms, of which the supply is quite too slow for our
pressing need in this great war, the Confederate States have, in the
brief period which has elapsed since June last, evinced the capacity
of providing all that is necessary to the maintenance of their inde-
pendence.

The supplies of clothing, shoes, tents, and other articles embraced
within the scope of the duties of the Quartermaster's Bureau, could
not possibly have been furnished in time for the wants of the present
winter had not the entire population aided with common accord the
efforts of the Government to prevent our brave defenders from suffer-
ing for want of needful protection from exposure. It will hereafter be
in the power of the Department to furnish all that is required, not only
from supplies of blankets, cloth, and shoes already iihported from
Europe, but from the productions of manufacturing establishments at
home. The supplies of wool received from Texas and Mexico have
proved sufficient to meet the demand of the woolen factories employed
in the service of the Department. A large wagon factory is in full
operation, while extensive manufactories of harness, tents, camp and
garrison equipage and other quartermaster's stores have been estab-
lished in Virginia, Georgia, Louisiana, North Carolina, Mississippi,
and other States. The expenditures in the Quartermaster's Depart-
ment from the 3d of April to 31st of December, 1861, are shown by
the annexed exhibit from that officer to be nearly $62,000,000, and it
will be observed that many hundreds of accounts returned by its
officers still remain without examination by reason of deficiency in
his clerical force. The Commissary-General has been eminently

960 CORRESPONDENCE, ETC.

successful in providing for the wants of large and constantly
increasing armies, posted at great distances from each other over our
extensive territory, and while it is admitted that there has been a
deficiency in certain articles of the rations, owing to the cessation of
foreign commerce, it is undoubtedly true that there has not been
since the commencement of the war any deficiency in our supplies of
food for the troops; that rations of coffee were regularly served to
the soldier in the field long after it had ceased to be attainable to the
citizen ; that largo stores of all that is necessary for the maintenance
of our Army for months to come are accumulated in our magazines;
and that if adequate transportation can be commanded no apprehen-
sion whatever need be entertained of our ability to feed any number
of men that we may think proper to keep under arms from our own
home resources. The foresight and sagacity, the energy and integrity
with which the business of furnishing food to such large numbers of
troops over so extensive a country has been conducted are emi-
nently creditable to the chief of the commissariat. It is indeed most
satisfactory to be able to give the assurance that while occasional
instances of dishonesty and peculation have undoubtedly occurred
among the large number of officials whom it has been necessary to
emiiloy, witlx scarce any means of scrutinizing character in advance,
tlie business of the different bureaus has been conducted with a
fidelity eminently honorable to our people and in striking contrast
with the enormous frauds prevalent among the officials of our enemies
and published to the world in their Congressional proceedings.

The Army of the Confederacy is shown by the annexed tabular
statement* to amount at present to aboiit 435 regiments, of which
about 400 are infantry and the remainder cavalry and artillery. This
statement does not include the regiments called for from the differ-
ent States under the act of the 28th of January, 1862, and now in
rapid progress. It is impossible at any given moment to state with
entire accuracy the number of regiments in our service, owing to
the tardiness of officers in making returns of muster-rolls. Regi-
ments are sometimes in service two or three months before their
rolls can be obtained; others are organized on the distant frontiers
of Texas and Arkansas, and weeks elapse before the fact can be
known in Richmond. Again, by the legislation of Congress in March
last the time of service of volunteers was restricted to one year; it
was not until May that authority was given to receive troops for
the war. As short terms are naturally more attractive, it was at
first very difficult to induce volunteers to enlist for a longer term
than that previously fixed for their friends and neighbors. The
terms of the twelve-months' regiments will expire by degrees
within the next six or seven months, and as the process of re-en-
listment progresses in armies so widely separated as ours it is imprac-
ticable to obtain returns with such punctuality as to be able to state
the niimber of men re-enlisted at any given time. Enough, how-
ever, is known by the Department in its payments of bounty to
re-enlisted men and in its voluminous correspondence to justify the
statement that more than four-fifths of the volunteers for twelve
months will re-enlist for the war. Our recent reverses have had the
effect of stimulating the re-enlistment in a remarkable degree, and the
instances have been by no means rare where our noble defenders have
offered to renounce the furlough which enabled them to revisit their

* Not found as an inclosure, but see tabular statement of Ihlaxch 1, 1862, p. 962.

CONFEDEEATE AUTHOEITIES. 961

homes on condition of being sent at once to a field where battle was
iini)ending. Of the oiierations of the war it is deemed scarcely neces-
sary to render acconnts for the i)eriod prior to the report submitted
to the Provisional Congress early in December. Since that date
adverse fortune has attended our arms. We have suffered reverses
at the battle of Fisliing Creek, where our army under ilajor-General
Crittenden was repulsed with heavy loss; at Fort Henry, which fell
after a gallant defense against greatly superior forces; at Roanoke
Island, where our loss was about 2,400, besides the artillery and
munitions of war, and at Fort Donelson, where, after a heroic defense
against overwhelming forces, the remnant of our army surrendered
under circumstances not yet fully understood. Of these several dis-
asters the only of&cial report yet received is that of Fort Henry. From
the copy herewith transmitted* it will be seen that Brigadier-General
Tilghman, in command of the fort, mounted with eleven guns, was
attacked by a fleet of gun-boats carrying fifty-four guns, and main-
tained his defense with steady courage until the number of guns fit
for service was reduced to four and further effort became hoi)eless.
The garrison which surrendered at this fort comprised 8 ofiicers, 50
privates, and some 20 sick.

The defeat at the battle of Fishing Creek was, at the request of
Major-General Crittenden, ordered to be made the subject of investi-
gation by a court of inquiry. But the active operations of the oppos-
ing armies in Kentucky and Tennessee, the attack on the forts on the
Cumlx'rland and Tennessee Rivers, and the movements consequent on
the fall of these forts liave thus far prevented any report of the pro-
ceedings under this order from reaching the Department. Rumors
indu.striously circulated to the prejudice of General Crittenden by the
fli-st fugitives from the battle-field are now believed to have been with-
out foundation, and little doubt is entertained that strict inquiry will
elicit the fact tliat if there was misconduct on the battle-field it can be
imputed neither to the general, to the surviving chief, nor to his sec-
ond in command, m'Iio died a patriot's death while fighting in the cause
of his country and of freedom — the lamented Felix Zollicofler.

Neither the fall of Roanoke Island nor of Fort Donelson have yet
been communicated in of&cial rexK)i"ts to the Department, f It is par-
tially, no doubt, to the active movement of troops rendered necessai-y
by these events that the delay in receiving these rejMjrts is to be attrib-
uted. Both of the disasters were accompanied by circumstances
which in my judgment require the strictest investigation. Yet during
the active movements of a campaign it is palpable that the Depart-
ment is without the machinery necessary for such investigation. How
is it possible, while every energy of every officer both in the Depart-
ment and in the field is bent on the task of repairing these reverses,
to detail officers of sufficient rank and in adequate numbere to consti-
tute courts f or inquiiy into the conduct of general officers ? IIow with-
draw from active necessary duty not only the officers of the court but
the witnesses? I am of opinion that no defeat, no disaster to our
arms should be permitted to pass without rigid and thorough investi-
gation. To make such investigation in all cases is the settled purpose
of the Department, but to make that investigation prompt and effi-
cient the aid of Congress is necessary, and the subject is respectfully

•See Series I, Vol. VH, p. 136.

t But see Series I, Vol. IX, pp. 110-190, for r^rts of Eoanoke Island, and
Series 1, Vol. Vn, pp. 254-415, for reports of Fort Donelson.

01 K R — SERIES IV, VOL I

962

COKEESPONDENCE, ETC.

urged on their consideration. Negotiations with the enemy have
recently been in progress with the view of effecting a general exchange
of prisoners. They are not yet entirely completed, and to avoid further
delay in submitting this report they will be presented in a separate
communication. *

The attention of Congress is respectfully invoked to the absolute
necessitj"^ of an augmentation in the clerical force in the Department.
The undersigned and the chiefs of bureaus are compelled to extend
their labors beyond reasonable limits; the clerks have been directed
to attend at their desks two additional hours in the evening, and yet
the details of business have accumulated with such rapidity that the
accounts of disbursing of&cers to the amount of many hundreds re-
main unsettled, and correspondence is in arrears in all the bureaus.
I solicit that there be an increase of twenty clerks, to be divided
among the seven bureaus in such proportion as may be found most
advantageous by the head of the Department, of whom six should
have salaries of $1,500 a year, six at $1,200 a year, and the remainder
at $1,000 a year. A glance through the rooms of the War Depart-
ment will satisfy any observer that this addition is the least that can
enable the officers to perform the public business with accuracy and
dispatch.

I am, very respectfully, your obedient servant,

J. P. BENJAMIN,
Secretary of War.

Statement of troops in

the

service of

the

Confederate States.

Tor tlie war.

For twelve months.

Total.

State.

Komarka.

•s.

•o

■s

bfl

"rt

■<

Alabama

15, 000

1,475

16,475

8,145

1,825

9,970

2(i,445

One reffiment cavalry; two
battalions artillery ; the

Arkansas

1,700

820

2,520

IG, 340

2,450

18,790

21, 310

balance infantry.
Throe regiments cavalry;
three hattalions cavalry;
the balance infantry.

iDdians

3, 300

200
1,000

3,600
5,350

3,500
5,050

AH cavalry.

One regiment cavalry and

Florida

'366

'"'360 5

4^350

several artillery compa-

nies ; the balance infantry.
Enough companies of cav-

Georgia

19, C8U

1,525

21,205

10, 000

2,150

12, 160

33,355

alry to make one regi-
ment; several companies

Kentucky

3,200

200

3,400

3,950

000

4,550

7,960

artillery.

One regiment and one bat-
talion cavalry; several
companies artillery; bal-
ance infantry.

One regiment artillery; one
battalion and several inde-

Loniaiaua

8,370

3,050

12, 020

10, 280

1,250

11, 630

23, 650

pendent companies artil-

lery ; oneiegiment cavalry ;
balance inftntry. One of

ments for local defense;

number of men in each

company enlisted lor the
war.

^See Series II, Vol. Ill, p. 820.

CONFEDERATE AUTHORITIES. 963

Statement of troops in the service of the Confederate States — Contimied.

For the war.

For twelve months.

1
•a

a
g

State.

a
1

Total.

1
<

a
B

i
1

Total.

Bemarks.

=3
1

1
1

n
1

Mississippi

4
1

1
3

2
2
3

6,910

1,300

8,210

1
3

9
9

17,885
2,900

1,800
100

19, 685

3,000

450
25, 700

17, 715

6,635
47,500
53,950

27, 895

3,200

1,550
34, 150

23,975

16,220
49,050
55,450

7,000

One regiment, two battal-
ions cavalry; several inde-
penilent oorapanies artil-
lery; balance infantry.

One regiment cavalry ; two-
companies artillery; bal-
ance infantry.

Two companies artillery;
balance infantry.

Two regiments cavalry ; two
regiments artillery; bal-
ance infantry.

One regiment and two bat-
talions artillery; two bat-
talions cavalry; balance
infantry. Two of the
twelve-months' regiments
and two battalions for local
defense, four companies in
one regiment enlisted for
the war.

Eleven regiments and two
battalions cavalry; several
artillery companies; rest
infantry.

One regiment and eleven
battalions cavalry ; balance
Infantry. A nnmber of ar-
tillery companies.

Two regiments and three
battalions artillery ; many
indexiendent companies ;
nine regiments and one
battalion cavalry ; the bal-
ance infantry.

Maryland

1
11

11
1

850

8,250

5,250

8,975
850

250
200

1,010

610

700

1,100 --

Korth Carolina
Sonth Carolina.

8,450
6,260

9,585
1,550
1,500

8
53
71

24,200
16,810

6,635
43,500
50,500

1,500
905

4,000
3,450

Tennessee

Virginia ...

Tirginia militia

RECAPITULATION.

For the war

For twelve months .

Total

Virginia militia - .

Grand total.

95
274

92,775
240,475

333,250
7,000

340,250

The strength of a majority of the regiments is taken from returns
forwarded to this ofiSee. Most of the unattached companies are in-
cluded in the number of battalions. There may be from each State
a few companies which have not been included in the above. Where
no returns have been received the strength has been ascertained by a
careful average. The artillery organized into regiments is mostly
heavy artillery. There are known to be a number of regiments from

964 CORKESPONDENCE, ETC.

each state from which no returns have been received, estimated from
twenty to twenty-five.

S. COOPER,
Adjutant and Insjjector General.

Adjutant and Inspector General's Office,

Bichmond, March 1, 1862.

[March 1, 1862.— For General Orders, No. 9, Adjutant and In-
spector General's Office, publishing proclamation of President Davis,
extending martial law over the city of Richmond, &c., see Series I,
Vol. LI, Part II, p. 482.]

[March 1, 1862. — For Benjamin to Moore, authorizing acceptance
of all armed men from Louisiana for a term of six months to re-enforce
General Beauregard, see Series I, Vol. VI, p. 837.]

Clerk's Office, House of Representatives,

March 3, 1862.
His Excellency Jefferson Davis :

Sir: I have the honor to inform you that the House of Representa-
tives this day adopted the following preamble and resolution, to wit:

The exigency of the times requiring the promptest as well as the most ener-
getic action : Therefore,

Be it resolved by the House of Representatives, That the President of the Con-
federate States be requested to communicate to this body, at the earliest practi-
cable moment, what additional means, in money, men, arms, and other munitions
of war, are, in his judgment, necessary, or may be within the present year, for the
public service, including military operations on land and water.

Very respectfully, your obedient servant,

ROBERT E. DIXON,

Clerk.

[Indorsciueut.]

Secretary of Navy and Secretaiy of War for attention.

J. D.

Richmond, March ■"!, 1862.
Hon. J. 1'. Benjamin,

Secretary of War:
Sir: The act of May 10, 1861, No. 115, authorizes the I'resident to
muster into the service of the Confederate States any companies of
light artillery with such complement of officers and men as to him
shall seem proper. This act applies to light artillery companies only.
There are in service many companies of artillery (lieavy artillery) that
are assigned to permanent batteries, and I would respectfully suggest
that some effort should be made to apply the provisions of the above
act to these heavy artillery companies, in order that the number of
officers and non-commissioned [officers] per company may be increased
according to the wants of the service. The organization of these com-
panies is tlie same as infantry, and some of them are assigned to
batteries of from six to nine heavy guns. Each section of two pieces

CONFEDERATE AUTHORITIES. 965

should be commanded by a lieutenant and each gun should be pro-
vided with a sergeant and corporal, so that a company serving a bat-
tery of eight guns should have four lieutenants, eight sergeants, and
eight corporals; whereas as at present organized the company consists
of only three lieutenants, five sergeants, and four corporals.
I have the honor to be, very respectfully, &c.,

S. COOPER,
Adjutant and Inspector General.

Ordnance Office,
Memphis, March S, 1862.
Hon. J. P. Benjamin,

Secretary of War:
Sir: Requisitions are daily made upon me for pistols for cavalry
service in this department, but I can now find none for sale at any
point in the Confederacy. Many have been bought up by the infan-
trj- (officers and privates), and I respectfully suggest that you disarm
the infantry and let the cavalry get the pistols now in the hands of
the former. In this way enough pistols could be obtained for all the
cavalry in this section and the infantry could get money for an arm
that is of no service to them. Colonel Forrest, the most efficient
cavalry officer in this department, informs me that the double-barrel
shotgun is the best gun with which cavalry can be armed, and that at
Fort Donelson one discharge of his shotguns, at close quarters, scat-
tered 400 of the enemy whom three of oiir regiments had vainly tried
to dislodge from the stronghold in a ravine.
Respectfully,

WM. RICHARDSON HUNT,

Ordnance Officer.

Executive Department,

March 3, 1862.

Gentlemen op the Senate and House of Delegates:

I communicate herewith for your consideration two bills which I
regard as of the first importance. The passage of the first bill is
required to facilitate the enrollment of the militia; the passage of the
second is demanded by a proper regard for the public peace and
safety. I trust they will meet your approval and will be passed
without delay.

Respectfully,

JOHN LETCHER.

[Incloaure No. 1.]

] . Beit enacted by the General Assembly, That the eighth section of
chapter 29 of the Code of Virginia (edition of 1860) shall be amended
and re-enacted so as to read as follows:

Sec. 8. No person shall absent himself from his regiment after the comman-
dant thereof has received an order requiring a draft or detail to be made and of
which such person shall have been in any way informed, until such detail or draft
shall have been made. Every person so offending who shall be subsequently
detailed to march, unless he join the detachment with which he is detailed at its
place of rendezvous, or show that he was prevented from so joining by unavoid-
able cause, shall be considered and treated as a deserter. Every person who shall
refuse to give his name to the proper officer when called upon for enrollment

966 CORRESPONDENCE, ETC.

under the act passed February 8, 1862, entitled "An act for ascertaining and
enrolling the military forces of the Commonwealth," shall be considered and
treated as a deserter.

2. This act shall be in force from its passage.

[iHClosnre No. 2.]

1. Be it enacted by the General Assembly, That if any free person or
persons shall hereafter aid, abet, or assist the enemy in the war now
waging between the United States and the Confederate States in per-
son or by enlisting soldiers or seamen or by uniting together in com-
panies or squads, by giving intelligence to the enemy or furnishing
them with provisions or other thing, or shall bear arms against this
State or the Confederate States, or aid, abet, or assist them in any
other manner, such person or persons shall, upon being convicted
thereof, be punished with fine and imprisonment, to be ascertained

by a jury, so that the fine exceed not $ , nor the imprisonment

the duration of the war.

2. If any person within this Commonwealth shall by any word, open
deed, or act advisedly and willingly maintain and defend the author-
ity, jurisdiction, or power of the Government of the United States
heretofore claimed and exercised within this Commonwealth, or shall
attribute any such authority, jurisdiction, or power to the said Gov-
ernment, or shall in like manner maintain and defend any usurped
government in this Commonwealth, or attribute any legal existence
thereto, the person so offending being legally convicted thereof shall
be punished with fine and imprisonment, to be ascertained by a jury,

so that the fine exceed not the sum of $ , nor the imprisonment

the term of years.

3. Any person who shall advisedly endeavor to excite the people to
resist the government of this Commonwealth as by law established, or
the Government of the Confederate States, or persuade them to return
to a dependence upon the Government of the United States, or who
shall take any oath of allegiance to that Government or to any usurped
government within this Commonwealth, or who shall maliciously and
advisedly excite or raise tumults and disorders in this State, or who
shall maliciously and advisedly terrify or discourage the people from
enlisting into the service of the Commonwealth, or dispose them to
favor the enemy, or who shall organize secret or open associations or
unite with or join the same for any of the purposes aforesaid, every
person so offending and being thereof legally convicted shall be pun-
ished with fine and imprisonment as aforesaid.

4. Any conservator of the peace, either upon his own knowledge or
upon affidavits before him, shall cause any person charged with any
of the said offenses to be arrested by warrant returnable before any
judge of a circuit court or before the judge of the hustings court of
the city of Richmond, thereafter to be proceeded with in such court
in the mode now prescribed by law in prosecutions for offenses against
the Commonwealth.

5. This act shall continue and be in force during the present war
and no longer.

Executive Department,

March S, 1862.
Gentlemen of the Senate and House of Delegates:

After the most careful examination and consideration of the act
passed by you on the 10th day of February last, and with the most

CONFEDERATE AUTHORITIES. 967

cordial disposition to execute it according to its letter and in its spirit,
I find that it will be impossible to do so in time to meet the existing
emergency. The preliminaries required to be observed in ascertain-
ing the previous contributions made by the various cities, counties,
and towns, prepai-atory to ascertaining the contributions to be made
by subsequent drafts, will consume more time than can be (under the
pressing circumstances now surrounding us) allowed without preju-
dice to the interests of the Confederacy and the most serious results
to the integrity of this Commonwealth. We must have something
more expeditious, something more definite and direct in its results,
than your bill promises to effect. It will take weeks, if not months,
to place the troops in the field under the requirements of your bill.
At this moment troops are imperatively required at Winchester, at
Alleghany, at Manassas, at Fredericksburg, on the Peninsula, and at
Norfolk, and they must be at those several points with the least pos-
sible delay. I am informed by the President that they should be at
their posts now, but certainly there by the 15th day of this month.
If I am required to conform to the requirements of your bill they can-
not be in place before the last of April, if even then. I recommend,
therefore, that to meet the demands now pressing so closely upon us
you at once pass a law, in the preamble to which you shall appeal to
the patriotism of the troops now in the field to remain in their present
organized condition, and authorize me to draft at once from the loyal
portions of the Commonwealth a number sufficient to fill up the regi-
ments to 1,000 men each. This is the only mode by which troops can
be placed in the field at once, and my information leads me to the
conclusion that whatever is to be done must be done quickly. The
enemy is pressing us upon all sides and must be met promptly, decid-
edly, determinedly. We cannot spare those now in the field. They
have been tried and the results show they can be relied upon. Their
patriotism in this crisis of our fate will not be appealed to in vain by
the General Assembly. Let them know that the freedom and liberty
and independence of Virginia depends upon their remaining in serv-
ice for two years more or the war, and we shall have a response that
will cheer and gladden the patriot's heart and stimulate the despond-
ing and wavering and doubtful to the performance of their duty.
The troops are willing to meet the requirements of the occasion if the
Legislature will let them know what they are. The section of your
late law which relates to substitutes should, in my judgment, be mate-
rially modified. It is, I think, liable to jjroduce serious mischief, and
for these reasons :

1. We are, under its operations, making up an army .of hirelings of
whose previous characters, associations, and views respecting this
controversy we know nothing, nor is it possible to ascertain anything
respecting their loyalty or fidelity.

2. Many of these substitutes represent themselves as from some one
of the Confederate States, and instead of being received as substitutes
r'oi- Virginians they should be at home to render their services to the
States from which they profess to hail. It is unjust, therefore, to
those States.

3. It is better to rely upon our own citizens to fill the ranks of our
army, as our experience so far has shown them to be brave, reliable,
and true.

I recommend, therefore, if the system of substitutes is to be con-
tinued that it be so modified as to require the party offering the sub-
stitute to furnish some man from his own county. In this mode we

968 CORRESPONDENCE, ETC.

will have a reasonable assurance that we will get trustworthy men,
such as will preserve the reputation which the Virginia troops have
heretofore won in this war. I am opposed to the whole system of
substitutes. In a time like this there is a duty to be performed by
all classes — the men of wealth not only, but also the poorer classes.
Each has a personal duty to perform in driving back the invader from
our soil. This personal duty should not be avoided or shunned under
any pretense whatsoever, when our country is in as great peril as it
now is. Wealth should not be allowed to purchase exemption from
exposure on the field, or in the service of the country, or in the camp.
Every inducement which can operate upon the poor men of the country
to risk themselves in this great struggle for liberty and independence
should operate with greatly increased power and influence upon the
property holders and men of wealth. These latter classes should set
an example to the former and they should be willing to do what the
poorer classes are required by necessity to do. I suggest further that
promotions after the first election of officers shall be made by seniority ;
that is to say, that as a vacancy occurs the officers below be promoted
to the positions. This recommendation is indorsed by our dis-
tinguished and gallant Jackson, of the Stonewall Brigade, who says
in a letter dated February 26 :

Please see if you cannot get our Legislature to modify its military bill so as to
require vacancies after the first election of officers to be filled by promotion, except
in the lowest grade, as in the Confederate service. Do that as far as practicable,
that lax discipline, resulting from electioneering for office, may be avoided. We
must make our cause superior to every other temporal consideration. The sys-
tem of every vacancy filled by election is a bad one. We may expect an inefficient
set of officers from such a system ; and inefficient officers must have inefficient
commands ; and where our system would result in disaster to our arms the Con-
federate might result in victory.

These suggestions coming from so high a source are worthy of con-
sideration. Another difficulty in the execution of the bill arises from
the fact that I am required to fill up the cavalry regiments by draft,
but no provision is made to supply the men so drafted with horses.
A large proportion will not liave the means to procure horses, and
some means must therefore be provided to meet such cases. Your
law was passed on the 10th day of February, and on the 11th the
adjutant- general, after consultation with me, applied to Adjutant-
General Cooper for the necessary orders to tlic commandants of divis-
ions to enable me to procure the required information as to the
number who had re-enlisted and the number who declined to re-enlist
for the war, with the places of their residence. A verbal answer was
received through a clerk from the War Department to this note.
General Richardson again wrote on the 12th, and a reply was received
from Colonel Chilton stating that General Cooper would forward the
blanks as soon as they were printed, and as soon as printed they were
forwarded by special messengers. The orders were not received until
last Thursday night after dark. They were mailed that night and
messengers with duplicates and all the necessary blank forms left for
each division of the army on Saturday morning. Any charge, there-
fore, of negligence or inattention or indisposition to execute the law
that may have been made is utterly unfounded, as the records of the
adjutant-general's office and the executive journal sufficiently demon-
strate. Another difficulty in the execution of the bill arises from the
fact that there is a palpable conflict between it and the Congressional
bill. Tlie Congi-essional bill allows companies to bo enlisted from the
companies and regiments now in the field ; and under its operation

CONFEDERATE AUTHORITIES. 969

the Secretary of War has authorized numbers of persons to raise com-
panies and battalions to be mustered into the Confederate service
direct. I give an illustration of the manner in which this works : A
first lieutenant in Captain Deyerle's company, of the Twenty-seventh
Virginia Regiment, having received such authority from the Secretary
of War, is now enlisting his company from the Twenty-first, Twenty-
seventh, Forty-second, and Forty-eighth Virginia Infantry Regiments.
If this system is to continue it is plain that our regiments in the
service are to be disorganized and destroyed^ I give this as one, and
a fair one, out of many cases which have been reported to me. Your
bill requires me to preserve thfi organization now in the field by regi-
ments. How is this to be done if parties authorized by the Secretary
of War to do so are to be allowed to enlist companies out of regiments
who have months yet to serve? In the illustration I have given,
the regiments go out of service in the months of May, June, and
July, if I am correctly informed. If the companies thus created are
to be mustered into service so soon as they are formed, it is easy to
perceive that our regiments must be broken up. When I spoke about
the difficulty I was informed by the Secretary of War (to whom the
bill was submitted before its introduction into the House) that he had
then stated to the committee that the two bills were in conflict, and if
the Legislature desired him to suspend his policy in this respect he
would do so. He stated that a resolution was subsequently intro-
duced condemning his policy, which was voted down by a large
majoritj' — all of which was news to me. While the War Department
was consulted in regard to these military bills, all of which were con-
sidered in secret session, the Executive and the adjutant-general of
the State were left in entire ignorance of all that was doing upon so
important a subject. Whether this was the result of accident or
design I do not pretend to know, nor have I considered it of sufficient
importance to prompt an inquiry.
Respectfully,

JOHN LETCHER.

Richmond, March i, 1862.
The Speaker of the House op Representatives:

In response to the resolution of the House of yesterday, calling on
the President to communicate " what additional means in money,
men, arms, and munitions of war are in his judgment necessary, or
may be within the present year, for the public service, including
operations on land and water," I have to reply that the military
forces, whether land or naval, which will be required must depend
upon the operations of the enemy and upon contingencies which can-
not be foreseen. Taking our present condition as the basis of the
'•.ilfulation, it may be stated in general terms that our land forces
should be increased by the addition of, say, 300,000 men in the field
;iiid those for whom call has already, been made; that the Navy
sliould bo increased by a number of vessels suited to river and harbor
defense, say fifty iron-clad propellers, and a fleet of, say, ten of the
most formidable war vessels to protect our commerce upon the high
seas, with the requisite armaments and crews. For this additional
force, land and naval, there would be required, say, 750,000 small-
arms of all kinds, and of siege, and field, and sea-coast artillery, say,
5,000 guns; of powder, say, 5,000 tons in addition to that whieli can
be made within the limits of the Confederacy. The manufacture of

970 CORRESPONDENCE, ETC.

projectiles could, it is believed, be carried to the requisite extent in
our own foundries, at a cost which must be measured by the number
of guns actively employed. For further details I refer to the
accompanying reports of the Secretaries of War and Navy.* The
amount of money which will be required will depend upon the
extent to which the articles needed may be obtained, and as I can-
not hope to get more than a small part of that which a reply to the
resohition required me to enumerate, I have not attempted to convert
the articles into their probable money value. Estimates have been
prepared and will be laid before the Congress showing the appropri-
ations which it is deemed proper to ask, in view of the public wants
and the possibility to supply them, as well as of the condition of the
finances of the Confederate States.

JEFFERSON DAVIS.

[Inclosnre.}

Confederate States of America, War Department,

Richmond, March U, 1862.
The President:

Sir: I have the honor to acknowledge receipt from you of a resolu-
tion passed by Congress requesting the President to communicate at
the earliest practicable moment "what additional means in money,
men, arms, and munitions of war are in his judgment necessary, or
may be within the present year, for the public service, including
operations on land and water. " I am not at all sure that I understand
the meaning of this inquiry. In order to conduct the war with the
vigor and success required for the attainment of an early peace, or
even for the prompt expulsion of the enemy from our soil, it would
be both necessary and desirable to have in the field an additional
army of 350,000 men. This would involve the necessity for at least
500,000 additional stand of small-arms, over 1,000 pieces of field
artillery, with a due quantity of projectiles, 2,000 tons of powder,
and an appropriation of at least $200,000,000 in addition to the regu-
lar estimates. As all this is evidently beyond our reach, I suppose
the inquiry must be directed to the ascertainment of what practicable
assistance Congress can render the Executive in the conduct of the
war. If I am right in this conclusion, then I respectfully answer
that the great deficiency under which we suffer is the want of small-
arms and powder. If by any means which Congress in its wisdom
can devise the Department could procure 200,000 muskets or
rifles, 20,000 pistols, 500 Blakely guns, and 1,000 tons of powder, I
am convinced a brilliant and successful campaign would crown our
arms. The existing legislation would suffice as regards men. The
amount of money would depend on the additional number of arms
obtained. In a word, what we need is the "material" of war.
My report just submitted shows what has been done by the Depart-
ment in order to secure arms and munitions. If there be other means
of procuring them, or other sources of supply that have escaped the
Department, all additions that Congress can make to the number of
our small-arms, field pieces, and ammunition would be, in the lan-
guage of the inquiry, "necessary for the public service in military
operations on land."

Your obedient servant,

J. P. BENJAMIN,

Secretary of War.

* Report of the Secretary of the Navy not found with War Department records.

CONFEDERATE AUTHORITIES. 971

[March 4, 1862.— For Davis to J. E. Johnston, in relation to leaves
of absence or furloughs, &c., see Series I, Vol. V, p. 1089.]

[March 4, 1862.— For Shorter to Benjamin, in relation to the
organization of twelve new regiments, &c., see Series I, Vol. LII,
Part II, p. 281.]

Special Orders, ) Adjt. and Insp. General's Ofti'ice,

No. 51. j Richmond, March 5, 1862.

*******

V. The regulations concerning substitutes in the Army, dated Octo-
ber 20, 18G1, are hereby revoked.

*******

XIII. All persons actually employed in the telegraph offices for the
service of the Confederate States are hereby exempted from military
duty.

*******

By command of the Secretary of War:

JNO. WITHERS,

Assistant Adjutant-General.

Confederate States op America, War Department,

Richmond, Va., March 6, 1862.
The President:

In response to the resolution of the House of Representatives of the
4th instant, requesting the President "to communicate to the House
in secret session, from accurate returns which he will cause to be made,
the total number of soldiers, whether infantry, cavalry, or artillery,
received into the service of the Confederate States since the commence-
ment of the war, and the total number now in the service; also, the
total number of muskets and rifles, whether in the possession of the
Government or in the possession of the armies in the iield and not in
the hands of soldiers, and that he be also requested in the meantime
to give the House as near an approximation to the said returns as the
present information of the War Department will enable him," I have
the honor to state —

First. That in my report submitted to Congress on the same day
that the foregoing resolution was passed all the information called for
in the foregoing resolution was substantially given, so far as it is
within the power of the Department to furnish it, except as to number
of rifles and muskets.

Second. In relation to the number of muskets and rifles in possession
of the Government, I am sorry to say that practically there are none.
There are, perhaps, at this moment some 4,000 or 5,000 muskets and
rifles in our possession at different points, but their distribution has
already been ordered. The arms are given out as fast as received to
troops, who are always ready in advance to receive them, so that there
is never any reserve on hand beyond 1,000 or 2,000. This reserve
varies almost hourly, but I presume the information now given is
substantially what the House requires. Three thousand Enfield rifles,
received from abroad a few days ago, are now en route for Richmond,
to be distributed here to the points most needed.

972 CORRESPONDENCE, ETC.

Third. It is impossible to state what arms "are in possession of the
armies in the field and not in the hands of the soldiers." The nnmber
varies every morning in every regiment, according to the discharges,
furloughs, returns, and enlistments of men during the day.

At this moment especially would it be impracticable even to approx-
imate the number, while men are leaving in large numbers on re-enlist-
ment or furloughs, and others are returning in charge of the recruiting
of&cers, scattered all over the country under the recent recruiting laws.
I am, respectfully, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

CONFEDEKATE STATES OF AMERICA, WAR DEPARTMENT,

Eichmond, Va., March 6, 1862.
Hon. James H. Carson,

Chairman of the Senate, Virginia:
Sir: I have the honor to respond to the resolution of your commit-
tee as follows:

1. That the Confederate Government will gratefully accept the
aid of any troops that the State of Virginia will raise on her own
account.

2. The relation of any troops so raised would be as follows, viz:
They would act independentlj' under the orders of the State in such
manner as the State authorities might direct; but if they happened
to do duty together with Confederate troops their mutual relations
would be governed by the Sixty-second Article of War, as established
in the twenty-ninth section of the act of March 6, 1861, No. 52, enti-
tled "An act for the establishment and organization of the Army of
the Confederate States of America."

I believe all the questions submitted in your resolution are substan-
tially answei-ed above, but if mistaken I will cheerfully and promptly
give to the committee any further information in my power.
I am, very respectfully, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

Confederate States of America, War Department,

Eichmond, Va., March 6, 1862.
Hon. William Porcher Miles,

Chairman of Committee on Military Affairs, Congress:
Sir : I have the honor to inclose to you a copy of a letter * just re-
ceived from the Adjutant-General, to which I respectfully request that
you will ask the early attention of the military committee. It is
iinnecessary, however, further to remark that the act of May 10,
1861, above referred to, has been practically abrogated (in regard to
companies in service) by the clause in the act No. 356, in regard
to recruiting companies in service for the war, and a similar clause
in the act No. 370, in regard to recruiting companies in service for
twelve months, by which it is provided that no company shall con-
tain more than 125 men, rank and file. This limitation, however
excellent in other arms of the service, is inconvenient when applied
to artillery, whether light or heavy. Companies of larger size are

* See Cooper to Benjamin, March 3, p. 964.

CONFEDERATE AUTHOKITIE8. 973

frequently desirable to work a complete battery, while on the other
hand it may sometimes happen that smaller batteries can be advan-
tageously worked by companies even below the minimum of seventy
privates, now required by law in the case of heavy artiUery compa-
nies. I therefore respectfully recommend the passage of an act by
extending the provisions of the act of May 10, 1861, to companies of
heavy as well as of light artillery, and that this act be made to include
all such companies now in service or hereafter to be raised, anything
in the acts Nos. 356 and 370 to the contrary notwithstanding.
Respectfully,

J. P. BENJAMIN,

Secretary of War.

State of South Carolina,
Executive Council Chamber,

Columbia, March 6, 1862.
Whereas, the President of the Confederate States has ascertained
the military quota of South Carolina for the existing war to be 12,590
men, in addition to the number already furnished, to serve for and
during the present war, and has made his requisition upon the
Governor for five regiments thereof.

Be it resolved. That in order to comply promptly with this requisi-
tion, and for the purpose of filling aU subsequent requisitions, the
following system shall be, and is hereby, adopted:

I. It shall be the duty of the adjutant and inspector general to
cause all the male citizens of the State between the ages of eighteen
and forty-five, not now in active service, to be enrolled as soon as
may be after the passage of these resolutions, designating all exempts
and the cause of such exemptions, including all refugees from dis-
tricts now in possession of the enemy, and designating such of them
as have been in service, and the term and place of such service; and
he is hereby authorized, under instructions from the chief of military
department, to prescribe such regulations, in addition to those now
established, as will enable him promptly and efficiently to perform
the duty imposed upon him; and to that end he may require the
services of the sheriffs and tax collectors of the several districts and
parishes of the State, or such other persons as he may deem necessary,
to act in conjunction with the officers of the State militia. In making
such enrollment it shall be the duty of the adjutant and inspector
general to ascertain and state the time, if any, for wluch the said
militia or any portion thereof shall have been in the service of this
State or of the Confederate States.

II. It shall be the duty of every person hereinbefore declared liable
to be enrolled to report himself promptly to the officer or officers
appointed for that purpose; and if any person shall fail so to report
Iiimself within ten days after the notice or order requiring such
enrollment shall have been posted or published at some public place
within his ward or company district, he shall, unless there be sufficient
excuse for such failure, be drafted among the first levies to be drawn
from such district or corporations ; and if any person or officer shall
fail to perform the duty required of him under these resolutions he
shall be subject to a fine of not less than $50 nor more than $1,000.
The officers or persons enrolling the militia shall be entitled to a
compensation of 10 cents for each person enrolled, and the claims for

974 COERESPONDENCE, ETC.

such compensation shall be paid upon the certificate of the adjutant
and inspector general.

III. It shall be the duty of the adjutant and inspector general to
procure from the commandants of the several regiments, battalions,
and companies of the South Carolina volunteers complete rolls of the
several corps noAv in service, to be retiirned forthwith to his office,
designating the name, residence, and age of each volunteer or enlisted
man, the time of his volunteer or enlistment, and when his term of
service will expire, with the company and regiment to which he
belongs.

IV. At least ten days before the day on which the term of service
of each volunteer company now in the field shall expire the adjutant
and inspector general shall cause such company to be mustered for
re-enlistment by the of&cer commanding the same, who shall make
out an accurate company roll, designating therein the name, age, and
residence of each volunteer who shall decline to re-enlist, the time
his service will expire, and the company and regiment to which he
belongs, and return the same promptly to the office of the adjutant
and inspector general of the State, for the purpose of having their
names subject to any subsequent call for troops; and when troops
now in service for a shorter term than the war are disbanded and
returned to the State, they shaU, within ten days thereafter, be
enrolled in their respective districts or parishes, and be subject to
any subsequent call for troops: Provided, In case they are drafted
within ten days after their return they shall be furloughed upon
application being made for thirty days from day of draft.

V. Immediately after the passage of these resolutions the chief of
military department shall issue an order requiring the organization
of a board of exemptions in each district and parish of the State
(except the cities of Charleston and Columbia), to consist of the
commanding officers of regiments, and at least two practicing physi-
cians of respectable standing. The Board shall have cognizance of
all questions of exemptions, and shall adjudge the sufficiency of the
excuse given by any person. In no case shall the Board grant a
discharge for bodily infirmity, unless satisfactory evidence is furnished
them that the infirmity is of a permanent character, and such as will
disqualify the claimant for the discharging of the duties of a soldier.
The Board shall keep a record of their proceedings and furnish the
officers appointed for the enroUments with any information required,
and also send a copy of aU exemptions made, with cause of such
exemptions, stating name, age, and place of residence, or beat com-
pany, to adjutant and inspector general's office. The Board shall
meet at some central point in each parish or district, giving public
notice thereof, at least two days in each week preceding a conscrip-
tion for troops. Only exemptions granted by the resolution of the
Governor and Council, published herewith, will be recognized by the
Board. In the cities of Charleston and Columbia the Board will
consist of certain persons hereafter to be designated by the Governor
and Council. The compensation of the Board of Exemptions shall be
the per diem and mileage allowed by law to members of the General
Assembly.

VI. When troops are to be called for the adjutant and inspector
general, under instructions, shall apportion the quota of each beat or
volunteer company in the State, according to their respective enroll-
ments; and in order that equal justice may be done to all the arms-
bearing citizens of the State no requisitions for troops will be filled

CONFEDERATE AUTHORITIES. 975

by volunteering (except individual volunteers for infantry service until
the 20th of March instant), but the same shall be apportioned and a
conscription ordered therefor. After the apportionment has been
made and a conscription executed the persons subjected to duty shall
be assembled at designated camps of rendezvous and be organized
into companies, battalions, or regimelits under commanding officers to
be appointed by the Governor and Council; the regimental staff to be
appointed in accordance with the Confederate laws and regulations.

VII. Any person who may volunteer or be drafted for Confederate
service may, at any time before his muster into service, furnish an
able-bodied man well clothed as his substitute, subject to the usual
examination and approval, but the person furnishing such substitute
shall be liable to perform ordinary militia and patrol duty. Should
the substitute be subsequently drafted, the person furnishing him
shall be required to take his place or furnish another substitute on
same terms.

VIII. All ordinances, acts, resolutions, and regulations from anv
authority in this State conflicting with the above provisions are hereby
suspended in their operation for and during the existing war. —
(Extracts from the minutes of March 6.)

F. J. MOSES, Jb.,

Secretary.

Richmond, Va., March 7, 1862.

Governor J. J. Pettus,

Jackson, Miss.:
I will accept cavalry companies for the war without arms.

J. P. BENJAMIN,

Secretary of War.

General Orders, ) State of South Carolina,

> Adjt. and Insp. General's Office,
No. 6. ) Colvmbia, March 7, 1862.

To carry into effect with the utmost promptitude the resolutions of
the Governor and Council passed March 6, 1862, creating a new mili-
tary system for this State, it is hereby ordered :

I. That the commandants of the militia regiments of the State con-
vene immediately at some convenient place within the bounds of each
regiment, the commanding ofiicers of each company of their respective
regiments giving public notice thereof, and proceed on the informa-
tion before them to enroll for active service all persons resident or
remaining within their respective regimental lines, in strict accord-
ance with section I of the new military system herewith printed;* and
in order to effect the enrollment properly the sheriffs and tax collectors
of each district [and] parish shall attend and render such assistance
as may be in their power. Each commanding officer of beat or volun-
teer company shall give public notice of these orders and resolutions
within his respective company limits. The compensation will be paid
to the officer or person designated by commanding officer of the reg-
iment making the proper enrollment for this office. Commandants of
regiments shall forward promptly to this office full and legible lists

* See resolutions March 6, p. 973.

976 COREESPONDENCE, ETC.

of enrollments of the persons enrolled by companies, with the desig-
nations required, and they are authorized to appoint, if necessary,
proper ofi&cers to effect a thorough enrollment.

II. All persons liable to militia duty are required without delay to
enroll their names with the commanding ofl&cer of their respective
beat companies; failing in this, the penalty imposed will bo strictly
enforced. As soon as the enrollment is complete commanding officers
of companies will notify all persons enrolled to hold themselves in
readiness for conscription for active service.

III. A board of exemptions will be forthwith organized in each dis-
trict and parish, to consist of the commanding officers of regiments
and at least two practicing physicians of respectable standing, to be
selected by said officers, and the evidence of infirmity in all cases
must rost upon the personal knowledge of one or more members of
the Board of Exemptions. The Board will conform its action to the
fifth section of the above system. The pay-rolls of the Board will be
forwarded to this office for payment.

IV. A conscription will be ordered to fill the requisition of the Sec-
retary of War for five regiments as soon as the enrollments are
returned to this office.

V. All officers charged with the execution of the above order will
proceed without further notice to the prompt discharge of their
duties.

By command :

S. R. GIST,
Adjutant and Inspector General of South Carolina.

Executive Council Chamber,

March 7, 1S62.

I. Resolved, That the following persons shall be exempted from all
militia service and from all drafts for actual service : The Governor
and members of Executive Council; judges of the courts of law and
equity; sheriifs; treasurers of the State; president of the bank of
the State, and all persons over the age of sixty-five and under the
age of sixteen years: Provided, That any person so exempted shall,
if he holds any military commission in this State or the Confederate
States, be not allowed to plead the exemption.

II. The following persons shall be exempted from ordinary militia
duty and from draft for Confederate service, but shall be liable to
perform patrol duty and shall be subject as alarm men to be ordered
to perform actual service in their respective brigades, to wit: Mem-
bers of both branches of the General Assembly; secretary of state;
surveyor-general; comptroller-general; ordinaries; clerks of the courts
of general sessions and common pleas; masters, commissioners, and
registers in equity; all regularly officiating clergymen; all regularly
licensed practicing physicians; the faculty of the South Carolina
college; professors in other incorporated colleges and in theological
schools ; schoolmasters having under their tuition not less than twenty
schol.irs; all students at schools, academies, and colleges under the
age of eighteen; all branch pilots; one white man to each established
ferry, toll bridge, and toll grain mill, if actually kept by such white
man ; the president, cashier, and one teller of the several banks of
the State; the officers and men of the city guard of the cities of

CONFEDERATE AUTHORITIES. 977

Charleston and Columbia; the chiefs and assistants and thirty mem-
bers of each company of the iire departments of Charleston and
Columbia; the necessary officers and all necessary employes of rail-
road companies; the superintendent and keeper of the lunatic asy-
lum; all persons holding office under the Confederate States; the offi-
cers and cadets of the State military academies; the keepers of the
arsenals of the State ; officers of the ordnance, quartermaster's, and
commissary departments of the State, and all persons between the
ages of sixteen and eighteen and forty-flve and sixty-five, and over-
seers exempted in accordance with the ordinance of the convention.

III. Aliens shall be exempt from all draft for actual service against
a foreign enemy and may plead exemption from all orders requiring
them as militia to serve against such an enemy, but in all other
respects shall be subject to ordinary militia and patrol duty. — (Extract
from the minutes of March 7. )

By order of the Governor and Council:

F. J. MOSES, .III.,

Secretary.

Houston, Tex., March 7, 1862.
Hon. J. P. Benjamin,

Secretary of War, Richmond, Va.:
SiK : Your favor of the 3d of February reached me on the 26th of that
month at the city of Austin. On the day following {26th) I issued my
proclamation, in accordance \nth your requisition, for fifteen regiments
of troops for the war, a copy of which proclamation I have the honor
to inclose. I immediately repaired to Houston, and have been arrang-
ing with General Hebert to place the troops at proper points of ren-
dezvous and have them subsisted, &c. I am informed by General
Hebert that his department is entirely destitute of means to provide
for these camps of instruction. The State is totally unable to make
advances. Her treasury is in a lamentably depleted condition, and her
people have furnished so much already to the Confederate and State
governments on a credit that it is now a very difficult task to obtain
supplies on the faith of either. It must be very apparent that to pur-
chase on a credit is anything but a wise policy, as the parties selling inva-
riably charge a much higher price than they would if the money was paid
at the time the transaction was made. Under these circumstances I
have taken the responsibility of sending on at the expense of the State
a special messenger to assure your Department of the immediate neces-
sity of filling the requisition forwarded, that I may be enabled at once to
place the troops needed in the field. In this requisition quartermaster's
stores and camp equipage, which are very much needed, are not included,
and the department here is entirely destitute of them. The troops must
and will be furnished. You will not understand me as wishing to delay
for a moment the raising of the men. On the contrary, I shall proceed
at once to put them in camp and subsist them on a credit until I hear
from you. I had the honor of addressing you some time ago in relation
to a call made upon me by General Van Dorn. I then informed you of
the difficulties surrounding the Executive in keeping up anything like
system in furnishing men for the Army so long as parties were permitted
to come into tlie State with commissions to raise troops for the war, or
for twelve or six months, as in some instances has been the case, without
reporting to the State authorities as to where the men were raised or

U2 R R — SERIES IV, VOL I

978 COERESPONDENCE, ETC.

to what point they were destined. From the fact that many gentlemen
had commissions emanating directly from the authorities at Richmond
to raise men for twelve months, and in most instances for cavalry, it
has been wholly impossible to fill infantry or cavalry regiments for the
war ; hence General Hebert has been compelled, in order to get a force
at all sufficient to protect his department, to receive men for twelve
months. Had he not pursued this course our coast would have been
entirely unprotected. Although opposed to the policy of receiving men
for twelve months, to leave the State, I urged upon General Hebert the
necessity of receiving them for that time for service within the State.
I found the Government pursuing that policy not only in other States
but in our own. I have not stopped to inquire whether or not Texas
has been called upon to furnish more than her quota of troops, although
I am satisfied that we have many more men in the service for twelve
months than you give us credit for.

In your letter of 3d [2d] of February you say, "wo have 6,635
men." From the best data I can get Texas has Gregg's, Maxey's,
Greer's, Yoiing's, Sims', Locke's, Johnson's, Darnell's, McCuUociti's,
Ford's, Parsons', and Bates' regiments for twelve months, several com-
panies of artillery also for twelve months, and about 1,250 men for six
months. The most of these regiments were raised by virtue of com-
missions issued directly from Richmond, as I have been informed. I
also learn tliat several companies in the First Texas Regiment, now
in Virginia, are twelve-months' men. It is also understood that
R. H. Taylor, T C. Hawpe, Coupland, Randal, Crawford, Battle, and
others have authority to raise regiments — some, if not all of them,
for twelve months. I am to-day notified by the adjutant-general that
recruiting officers have been sent in for the regiments from Texas
now in Virginia, so as to fill those regiments, requiring of me to
furnish some 1,500 men for that purpose. In my interview with
General Hebert to-day (for we were comparing notes and endeavoring
to do everything Ave can to answer the demands of yoiir Department)
he handed me a letter to read, a copy* of which I send you, by which
it appears somebody has been authorized to raise five regiments of
troops for the war. The letter does not disclose to whom that order
was issued. It bears date the same as the requisition made directlj'
on me for fifteen regiments (3d [2d] of February), and this party is
ordered to report directly to the Adjutant and Inspector General's
OfBce at Richmond.

Now let us see how this places Texas. On the 3d [2d] of February
you call on me for fifteen regiments, saying that is our quota for the
war. On the same day somebody is authorized to come into Texas and
take five regiments over and above her quota without even informing
the State authorities of tlie facts. Again, on the 12tli of Februaiy I
am asked for about 1,600 men to fill those regiments on tlie Potomac,
making 0,500 men more than by your own calculation we are due the
service. Sliould these requisitions be all filled we would have some
47,000 men in the field, being over 12 instead of 0 per cent, of our
white population. I most respectfully demur and protest against the
Government taking the men out of the State except by call through
the State authorities. I am ready and willing to fill any requisition
made upon Texas to her utmost ability. It should be borne in mind
that we are isolated from the other States, with an immense gulf coast
accessible to the gun-boats of the enemy, an extensive frontier to
protect against the savage Indian tribes (for which service we are

* Not ioimi as an inclosure, but see Chilton to Roberts, February 3, p. 907.

CONFEDEKATK AUTHORITIES. 979

now forced by the Government to keep a regiment in the field at our
own expense), and General McCulloch with his forces drawn from
our northern border, exposing us to an attack by Lane's or Hunter's
command. In addition to all this I have seen your order to General
ITebert to disband all twelve-months' men immediately, and i-eceive
no men into the Confederate service for less than three years or dur-
ing the war. This would break up almost the entire force the
commanding general has in the field. Two of his regiments having
already been ordered out of his department, you will readily perceive
that if your order is carried out our State will be left almost at the
mercy of an invading foe. Should this be done the emergency you
mention, under which it would be necessary to- call out the people en
masse, would have arisen, and it would cost the Government much
more to get the men in the field, raw and undisciplined, than it would
to retain those in the service now there until we could get a force in
for the war, which we will endeavor to do as speedily as possible.

In considei'ation of these facts I have addressed General Ilebert a
letter requesting him not to disband the troops until my special mes-
senger can return from Richmond, because I cannot believe for one
moment that you intended to strip this department of every shadow of
defense, leaving our State entirely to the tender mercy of our vandal
foe. Should the order you have given be carried out as understood,
there would be left in the entire department not 3,000 men, and they
at some three different points. I am satisfied you did not intend to
do this, though I shall await your reply with some anxiety. Let me
assure you, my dear sir, that it is my purpose and intention to aid the
Government in every way possible in furnishing men and means for
tlie Avar, and to the utmost capacity of the State men shall be fur-
nished. I believe that the cavalry regiments that are in the service
have all provided their own arms, and some of the infantry also;
consequently our State is very poorly prepared with arms and muni-
tions of war to defend her soil; yet if an equal chance is given us and
the vandal wretches ever get into the country we will show the world
that the Texan soldiers know how to fight for the right of self-govern-
ment. I have inflicted on j^ou a long letter, but I found it impossible
to say less and at the same time convey to you an idea of the many
difficullies which surround me at this time. I trust you will give tlie
matter I have brought before you j^our immediate attention, and as
soon as compatible with tlie public interest permit mj' messenger to
return.

I have the honor to be, your very obedient servant,

F. R. LUBBOCK.

P. S. — In addition to the above I have just learned that Judge Bur-
ford has authority to raise a cavalry regiment, and tliat Mr. William
Fitzhugh is raising another cavalry regiment to be attached to Col.
31. T. Johnson's command. As I have said in the body of my letter,
I believe this mode of obtaining men is all wrong, and I feel satisfied
that if persons are thus permitted to raise troops in our State it will
greatly interfere witli the raising of the fifteen regiuients proposed to
be raised in Texas. Be kind enough to inform me whether any of the
fifteen regiments are to be cavalry; and if any, what proportion. It
would greatly facilitate the speedy raising of troops if the bounty
money and transportation could be forwarded at once, which fact I
hope you will consider.

¥. R. L.

980 CORKESPONDENCE, ETC.

Since closing my letter I am informed by the quartermaster of this
district, and it is corroborated by the conversation I have had with
the general commanding the department, that the want of funds has
rendered his army miserably inefficient; that the three regiments but
lately ordered away go without clothing, tents, or proper supplies of
transportation, without a dollar to pay their debts, leave with their
families, or give themselves a comfort on the way; that officers ordered
on recruiting service cannot accomplish their mission, because they
have not a dollar to pay their expenses of transportation, and steam-
boats and stages refuse to give them passage; that the teamsters this
day about starting with Colonel Moore's regiment have abandoned
their wagons because they will not leave their families destitute, and
the Government has no means to pay them ; that money to some extent
has been borrowed from citizens who have loaned it free of interest,
and that has long since been exhausted; that the Government credit
is far below par; that the certified accounts for quartermasters for
articles purchased for the Government and now in their possession
are selling at 50 cents on the dollar, and that the Government credit
is so low that immense prices are charged for everything that has to
be bought, and if remittances could be made all these inconveniences
could bo avoided. Let me urge upon you to remedy, if possible, these
evils. By doing so you will save large amounts of money and render
this military department much more efficient.
Respectfully,

F. R. LUBBOCK.

[Indorsement.]

Quartermaster-General's Office,

March 27, 1862.
Respectfully returned to the Secretary of "War. Since the 10th
of October, 1861, there have been remitted to Texas the following
sums, viz:

On account of the Quartermaster's Department $3, 158, 842. 32

On account of the Pay Department _._ 3,350,360.00

On account of the Bounty Department 500, 000. 00

Total --- _ 7,009,302.32

All estimates received from officers of the department have been
promptly acted upon and the funds asked for remitted without delay
in this office.

A. C. MYERS,
Quartermaster- General.

[IncloBure.]

By the Governor:

proclamation.

To the People op the State op Texas:

Whereas, on the 30th day of December last you were called upon by
General Orders, No. 1, issued from the adjutant-general's office, to hold
yourselves in readiness to march at a moment's warning in defense of
your lives, liberty, and property, I trust you have heeded the order
then given and that you are now prepared to serve your country in
this hour of peril and need. I am just in receipt of a requisition
from the War Department, by order of the President, for fifteen regi-
ments of troops for the war, being the number that will be required

CONFEDERATE AUTHORITIES. 981

to supply the quota of the State of Texas. These troops will be mus-
tered into service at convenient camps of instruction, the locality of
which will be immediately made known, and will there be clothed,
supplied, and armed at the expense of the Confederate States. Each
soldier will receive a bounty of $60 when the regiment or company is
mustered into service and will be allowed transportation from his home
to the place of rendezvous. Those volunteering will report to their
respective brigadier-generals, and when fuU companies are tendered
they may at their option organize and elect their officers at their homes
or at the rendezvous. In the formation of regiments the men com-
posing the respective regiments will elect their colonel, lieutenant-
colonel, and major. Volunteer companies organized under the act of
1858 will be received as a whole. If they fail to volunteer they will
be disbanded and enrolled with the State troops.

Men of Texas, will not this call meet with a hearty response from
you ? Your Government, the Government of your choice, needs your
services and makes this call upon you. The spirits of those brave and
departed heroes who have shed their blood in your defense cry aloud
that you drive the hireling Hessians of a debased and corrupt Govern-
ment from the soil they have polluted by their unhallowed touch.
Your brave men who now stand in the presence of the enemy from the
Potomac to Arizona, ready to do and die for your country and their
country, call upon you to touch elbows with them in the present impor-
tant struggle. Those all over the broad land who believe in the inher-
ent right of self-government call upon you to do battle in this war for
that great principle. The lovers of liberty in eveiy land call upon
j'ou in thunder tones to rally now — aj'e, even before another moon
shall wane — and enroll yourselves on the side of your country and hSr
rights, with the fixed determination that you will be free. Your
mothers, daughters, sisters, wives, and little children all appeal to you
as you love them, your country, their honor, and your honor to stand
as a breast- work between them and "him who comes with lust in his
eye, poverty in his purse, and hell in his heart; who comes a robber
and murderer," seeking to destroy or subjugate us that they may fall
heir to our beautiful and sunny South, and our men, women, and chil-
dren be reduced to the most abject serfdom.

Texans, the time has come when Texas demands that her sons,
native and adopted, must do their duty. He who is unable Lo take
the field in person must assist those who are willing to go. There is
no time for delay; your services are required now ! I must have
reported to the Adjutant-General's Office within thirty days the num-
ber of troops required, viz, six companies to fill out the regiment of
Colonel Flournoy, three companies to fill out Colonel Garland's regi-
ment, and fourteen regiments for general service. I will not insult the
chivalry and military fame of the brave Texans by doubting for a
moment that a sufficient number of volunteers will be tendered to
meet the present call. Candor, however, prompts me to say that if
within the thirty days the required number of men be not reported, I
shall proceed under the law to fill up the number by drafting. My
countrymen, let not an old Texan, the Executive of your choice, one
the most of whose life has been spent with you, one who is proud of
his adopted Texas and her people and is deeply sensitive to everything
touching her honor and interest, call upon you in vain!

Rally, my brave men, to the standard of your country; our cause is
just; God is with us, as is evidenced daily; enter freely the service of
your countrj' ; meet your enemy whenever and wherever he is to be

982 CORRESPONDENCE, ETC.

found; contest every foot of ground with him, and if needs be we
must glA'e way before an overpowering brute force, "let blackness and
ruin mark your departing steps, and let a desert more terrible than
Sahara welcome the vandals. Let every city be leveled by the flame,
and every village be lost in ashes. Let your faithful slaves share your
fortune and your crust. Trust wife and children to the sure refuge
and protection of God, preferring even for these loved ones the char-
nel house as a home than loathsome vassalage to a nation already sunk
below the contempt of the civilized world. This may be your terri-
ble choice, and determine at once and without dissent as honor and
patriotism and duty to God require."
By order of the Governor:

F. R. LUBBOCK,
Governor and Commander-in-Chief.

J. Y. DASHIELL,
Adjutant and Inspector General.

Everj' paper in the State will please publish for four weeks.
Austin, February 26, 18G2.

Richmond, Va., March [Apr ill 7, ^<'>'''-'-
General S. Cooper,

Adjutant and Inspector General:

Sir: I have the honor to report that under the authority of the
Honorable Secretary of War, of the 18th of October last, and his
printed letter of instructions connected therewith, I have raised five
regiments of cavalry in the State of Texas, and the same have been
mustered into the C. S. service. The first regiment was organized
on the 15th of February, the field, staff, and company rolls of which
are herewith returned to your department. The second regiment,
commanded by Col. George H. Sweet, was organized on the 10th of
March, and herewith I hand you the field and staff rolls of the same,
in connection with a letter from Capt. J. K. P. Record, mustering
officer, in reference to the company rolls of said regiment. The third
regiment, commanded by Col. William Fitzhugh, was also organized
on the 10th of March. The field and staff rolls, accompanied by cer-
tificate and statement of the organization of each company, and also
the letter of the colonel, lieutenant-colonel, and most of the captains
of tlie regiment, are herewith submitted. The fourth regiment,
commanded by Col. George F. Moore, was organized on the 15th of
March. I have no field and staff rolls of this regiment, inasmuch as
the colonel had not completed his staff at the time I left for this city.
I know as a fact, however, that the regiment was organized on that
day by the election of George F. Moore colonel, Sterling B. Hendricks
lieutenant-colonel, and John McClarty major, and that the regiment
is composed of ten completely organized companies. In this connec-
tion I deem it proper to state that Capt. Thomas J. Johnson, one of
the mustering oflftcers of these regiments, will, within a short time,
return to your department complete rolls of the companies of the
various regiments of this command.

It is my duty also to report that I was induced, somewhat against
my inclination, by the appeals and importunities of other organized
companies, to agree to accept the fifth regiment. Ten full compa-
nies presented themselves through their captains for acceptance, and

CONFEDERATE AUTHORITIES. 983

were ordered to Clarksville to rendezvous and organize. Capt.
J. K. P. Record, a mustering officer, was ordered to meet them there
and muster them into the service. I have no doubt they were organ-
ized into a regiment on or about the 1st of this month and are now en
route for the seat of war. Although I had some hesitation in receiv-
ing the fifth regiment, yet in doing so I feel sure that I did not
exceed my authority. The men of the command are mostly armed
with good double-barreled shotguns. Those not so armed have good
common hunting rifles. A large majority are provided with good
pistols and nearly all with large knives, well mounted on good, serv-
iceable horses, and equipments which, together with the arms, have
been procured without expense to the Government.

I beg leave further to report that I have accepted the services of
two extra well-mounted and armed companies to serve as scouts in
connection with the command or brigade. They have been received
into tlie service with that understanding, subject, of course, to regi-
mental and brigade orders. My experience satisfies me of the utility
of such organization to act as spies and scouts. One of these compa-
nies is commanded by Capt. Thomas J. Johnson and the other by
Capt. W. H. Gaffey. Both of these officers have had considerable
experience on the frontier of Texas, and I think them eminently fitted
for that service. Both companies are composed of picked men — arms
and horses at their own expense. I most respectfully ask that my
action in receiving these two companies may be ratified. I beg leave
further to report that the four first-named regiments are now, by
order of General A. S. Johnston, on the march to the headquarters of
General Bragg, at Corinth. Three of these regiments when last
heard from were near Little Rock, Ark., and are probably at or east
of the Mississippi River. The fourth and fifth regiments are under
marching orders for the same destination, and are now, no doubt, far
advanced on the way. It is the wish of the officers that these five
regiments compose one brigade.

Respectfully submitted.

M. T. JOHNSON,
Senior Colonel, Commanding.
[Indorsement.]

April 9, 1862.
Respectfully submitted to Secretary of War, and early action
requested All the muster-rolls of these regiments have not reached
this office. The regiments engaged for twelve months, and armed
with private arms (rifles and shotguns).

^ S. COOPER,

Adjutant and Inspector General.

[March 8, 1862.— For General Orders, No. 11, Adjutant and In-
spector General's Office, publishing proclamation of Jefferson Davis,
extending martial law over the city of Petersburg, Va., &c., see
Series I, Vol. LI, Part II, p. 493.]

Houston, March 8, 1862.
Hon. J P. Benjamin,

Secretary of War, Richmond:
Sir : This letter will introduce to you Horace Cone, esq. , of this city.
Mr C[one] is a member of the present Legislature and one of our most

984 COEEESPONDENCE, ETC.

reliable and intelligent citizens. Mr. Cone visits Richmond partly on
his own affairs, but more particularly to convey to you the business
letter which he will present. * I can say to you that he is in every way
worthy of your confidence, and you need feel no hesitation in availing
yourself of so favorable an opportunity to transmit funds for this mili-
tary department. I have conversed freely with Mr. O[one], who is a
confidential friend of mine, and he is well posted as to all matters in
Texas. Any attention shown him while in Richmond will be duly
appreciated by

Yours, very respectfully,

F. R. LUBBOCK,

Governor, &c.

[March 8, 1862.— For Benjamin to Letcher, calling for 40,000 Vir-
ginia militia, see Series I, Vol. LI, Part II, p. 495. ]

General Orders, ) War Department,

[ Adjt. and Insp. General's Office,
No. 12. ) Richmond, March 10, 1862.

The following order is published for the instruction and guidance
of officers of the Army :

I. All offtcers receiving provisions from officers of the Commissary
Department will state on the back of the return the amount of each
article of provisions actually received on that return, and commis-
saries will make out their "abstracts of issues" in accordance with
such receipts.

II. Commanding officers whose duty it may be to examine the
abstracts of issues of the commissaries of their command will reject
all "returns" for issues (made after the promulgation of this order to
their respective commands) which do not show the amounts actually
issued by the statement of the receiving officer to that effect, certify-
ing that the abstracts are in accordance with the issues actually made.

III. All disbursing officers will comply strictly with the requirements
of the regulations of their departments calling for the rendition of
their monthly returns five days after the expiration of each month,
and of quarter-yearly accounts twenty days after the expiration of
each quarter, and where failing within three months after the expira-
tion of the quarter to make the proper returns officers so failing shall
then be dropped from the rolls of the Army. The onus of explaining
sucli default to the satisfaction of the President, with the view to res-
toration, shall in all cases rest entirely upon the party who maj^ be so
dropped.

IV. Commissaries and acting commissaries of subsistence of regi-
ments and battalions will, whenever possible, draw provisions on
returns according to Forms Nos. 13 and 14 of the Subsistence Regula-
tions. Commissaries who draw stores in bulk can alone make sales
to officers.

By order of the Secretary of War :

S. COOPER,
Adjutant and Inspector General.

*See Lubbock to Benjamin, March 7, p. 977.

confederate authorities 985

Confederate States op America, War Department,

Richmond, Va., March 10, 1862.
Capt. Caleb IIuse:

(Care of Fraser, Trenholm & Co., Liverpool, England.)
Sir: I have hitherto supposed that Colonel Gorgas, as chief of the
Ordnance Bureau, was corresponding with you; but learning that he
has not written to you recently, I now take pleasure in assuring you
of the full approval of your Government of your conduct in the busi-
ness intrusted to your charge. The responsibility you have assumed
in making jjurchases of army supplies, not directly authorized by your
instructions, is also approved. Your assumption of it under the cir-
cumstances was judicious and proper. It has been my aim to keep
you fully supplied with funds. I have placed to your credit on —

January 20 §461,600

February U _. 300,000

March 7 .--- 500,000

In all 1,261,600

or about £350,000.

The cargo of the Gladiator has been received in full. It was neces-
sary to reship it in small steamers, which made three separate voyages
from Nassau, and it lias all reached port safely. Unfortunately the
Stephen Hart has been captured, and her cargo has gone to the benefit
of the enemy. We are awaiting news of the Economist with great
anxiety, and if she has come directly for one of our ports I fear she
will be lost. Prudence requires that all cargoes for the Government
be sent to some port in the West Indies, and they ought always to go
on steamers. Let them be directed to some port in Cuba, to care of
our agent, Mr. Helm, and we can get them away with almost entire
certainty by breaking bulk there. I wish also to impress upon you
the necessity of as much secrecy as possible in your shipment. As
fast as possible give us small-arms and cannon-powder, or saltpeter,
small-arms, and powder. These are our great needs, and I pray you
to spare no effort to send them with all possible dispatch — to the neg-
lect of everything else if necessary.
I am, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

Confederate States of America, War Department,

Richmond, Va., March 10, 18G2.

Louis Heyliger, Esq.,

Nassau, New Proiiidence:
Dear Sir: I am gratified at being able to inform you of the safe
arrival of the entire cargo of the Gladiator, thus accomplishing suc-
cessfully the object of your mission. Your conduct througliout merits
the warm approval of the Government. Your dispatch by the Cecilo
was not received till after the departure of that vessel for Nassau, and
your letter by her is not yet at hand, so that I can give no answer to
its contents; nor did I get your letters by the Kate in time for reply by
any communication known to me. Your yielding to the unjust and
extortionate demands of Captain Bird was unavoidable, and has
resulted most fortunately, as by it we have secured the cargo, which
was beyond all price to us. I have arranged with John Fraser & Co.

986 CORKESPONDENCE, ETC.

for the settlement of the responsibilities incurred by you under stress
of the exactions of Captain Bird. I am trying to sell the Gladiator,
as she will henceforth be a vessel marked by our enemies and too
closely watched to make it prudent for us to ship cargo on her. I
regret exceedingly not to have your letters by the Cecile, but hope
they will come to hand yet in time to permit an answer to accompany
this letter. The port at which our cargoes are entered is so out of the
way that it takes several weeks for the letters to reach me, and even
your dispatches take four or five days, while the steamers unload and
leave in two days, thus precluding the possibility of a reply. I am
happy to inform you that all our mutual friends are well, and though,
we have lately been unfortunate in some engagements the spirit of
our people rises with the occasion, and I never was more confident
than at this moment. The success of our iron-clad steamer the Vir-
ginia (late the Merrimac) in destroying three first-class frigates in her
first battle, evinces our ability to break for ourselves the much-vaunted
blockade, and ere the lapse of ninetj' days we hope to drive from our
waters the whole blockading fleet. In less than that time we shall
have several powerful iron-clad steamers of light draft that will be
able to sweep from the coast all their so-called gun-boats, which are
nothing but merchant vessels armed with a few heavy pieces.
I am, yours, &c.,

.1. I> BENJAMIN,

Secretary of War.

A RESOLUTION declaring the sense of Congress in regard to reuniting with the

United States.

Whereas, the United States are waging war against the Confederate
States, Avith the avowed purpose of compelling the latter to reunite
with them under the same Constitution and Government; and whereas,
the Avaging of war with such an object is in direct opposition to the
sound republican maxim that "all government rests upon the consent
of the governed," and can only tend to consolidation in the General
Government and the consequent destruction of the rights of the
States ; and whereas, this result being attained the two sections can
only exist together in the relation of the oppressor and the oppressed,
because of the great preponderance of power in the Northern section,
coupled with dissimilarity of interest; and whereas, we, the Repre-
sentatives of the people of the Confederate States, in Congress assem-
bled, may be presumed to know the sentiments of said people, having
just been elected by them : Therefore,

Be it resolved by the Congress of the Confederate States of America,
That this Congress do solomnlj' declare and publish to the world that
it is the unalterable determination of the people of the Confederate
States, in humble reliance upon Almighty God, to suffer all tlie calam-
ities of the most protracted war, but that they will never, on any
terms, politically affiliate with a people who are guilty of au invasion
of their soil and the butchery of their citizens.

Approved March 11, 1862.

RESOLUTION pledging the Government to maintain the territorial integrity of

the Confederacy.

Resolved by the Congress of the Confederate States of America, That
the honor of this Government imperatively demands that the existing

CONFEDERATE AUTHORITIES. 987

war be prosecuted until the enemy shall have been expelled from
every foot of soil within each and every of the Confederate States;
and no proposition of peace shall be entertained which contemplates,
however remotely, the relinquishment by this Government of any
portion of any of the States of this Confederacy.
Approved March 11, 1862.

State of North Carolina, Executive Department,

Raleigh, March 11, 1862.
Hon. J. P. Benjamin,

Secretary of War, Richmond:

Sir: I have been notified by individuals and by advertisement in
the papers that certain persons are authorized to raise battalions and
regiments in this State for the Confederate service. The plan will
not hasten or facilitate enlistments in this State, and interferes with
the formation of our regiments for the Confederate quota. I am not
aware what authority is given to these persons, or upon whose sanc-
tion they obtain these promised positions, but it is not in accordance
with the plan Indicated by our law. If permission is given to raise
cavalry regiments or battalions, let me respectfully notify you of the
fact: Three months ago we tendered Colonel Spruill's regiment of
c'avalrj'( Nineteenth) to the Confederacy. They were accepted. After
three months' efforts I was unable to obtain arms and equipments for
them (from New Orleans to Richmond). We tried in vain to get
swords or carbines. This regiment was received by you but partly
armed (from necessity). They are yet without sabers, although we
spared neither effort nor money. We did engage from the Eastvan
& Froelich sAvord factory at Wilmington, and paid high prices, but
three-fourths of the swords proved worthless. If more cavalry is to be
received, let me ask that this regiment (Nineteenth North Carolina
Volunteers), four or five months in your service without arms, be fur-
nished before others are received. If cavalry is preferred, I can raise
j'ou two or more regiments, but I have refused all tender of cavalry
companies because I could not equip them. So great is the preference
for cavalry that infantry cannot be raised where cavalry can be
received. My own opinion about cavalry is that unless they can
have six or eight months' drilling, with arms and horses, they are
only valuable as scouts or vedettes, and these can be temporarily had
in any section.

But to return to the Nineteenth Regiment North Carolina Volun-
teers. If you can let them have sabers they will be useful. They
have been many months in your service without arms, and conse-
quently are almost useless, though drawing pay and rations.
i am, most respectfully, yours,

HENRY T. CLARK.

Confederate States of America, War Department,

Richmond, Va., March 12, 1862.
The President :

Sir: I have the honor herewith to submit, in accordance with the
resolution of Congress of the 26th ultimo, a "statement* of the estab-
lishments now engaged in manufacturing small-arms under contract

* Not found as an inclosure.

988 CORRESPONDENCE, ETC.

with the Government; where located, and the quantity of arms which
are furnished per month or week; also the number of powder mills
engaged, under contract with the Government, in the manufacture of
powder, and the quantity which is furnished from such mills per month
or week; also the means now employed in furnishing percussion-caps."
In relation to the question " whetlier the various manufacturing estab-
lishments now employed by the Government will be able to furnish an
ample supply of arms, powder, and percussion-caps for the use of our
Army," I have the honor to report that the establishments for the
manufacture of powder and percussion-caps are sufficient for the wants
of the Army, but the chief material for the manufacture of powder,
to wit, saltpeter, is not sufficiently abundant. The establishments for
the manufacture of arms are woefully deficient, and cannot furnish
more than one-tenth part of the necessary supply of small-arms. I
know of no legislation which could aid the Department in procuring
a supply of small-arms. Nearly every mechanic in the Confederacy
competent to manufacture small-arms is believed to be engaged in the
work. The manufacture of small-arms is a slow and tedious process,
and the accumulation of supplies necessary for such an army as we
now require is the result of the labor and expenditure of long series
of years. When it is considered that the Government of the United
States — with all its accumulation of arms for half a century, and all
its workshops and arsenals, public and private, and its untrammeled
intercourse with foreign nations — has recently been compelled to dis-
band a number of cavalry regiments on account of the difficulty of
arming them, and has been driven to the necessity of making pur-
chases of arms in Europe in very large quantities, and of saltpeter by
thousands of tons, some faint idea may be formed of the difficulties
against which this Department has been and is now struggling in the
effort to furnish arms and munitions for our troops.

The difficulty is not in the want of legislation. Laws cannot sud-
denly convert farmers into gunsmiths. Our people are not artisans,
except to a verj^ limited degree. In the very armory here at Richmond
the production coiild be greatly increased if skilled labor could be pro-
cured. In the absence of home manufactures no recourse remains but
importation, and with our commerce substantially at an end with for-
eign nations the means of importation are limited. I am unable to
perceive in what way we can procure arms by the passage of laws.
Saltpeter, however, may, it is believed, be made at home in sufficient
quantity for our service, as the process is simple and readily learned,
and the deposits in caves abundant enough to last for some years. I
submit herewith a bill,* which has been prepared by the Ordnance
Bureau, and the adoption of which would probably enable us to aug-
ment the supply of saltpeter to an extent which would render any
further importation unnecessary.

The reorganization of the Ordnance service in the manner pro-
posed in the annexed bill,t also prepared by the Chief of Ordnance,
would probably add to the efficiency of that branch of the service,
and thus at least aid in the preservation of our present supply of
arms and in maintaining them always in serviceable condition. The
supply of iron, which will soon be far short of our wants both for
cannon and for the construction of gun-boats, would probably be
increased by some scheme of legislation directed to the encouragement

* Not found as an inclosnre.

\ See inclosure to Gorgas to Benjamin, March 12, p. 990.

CONFEDERATE AUTHORITIES. 989

of planters in sending slaves from those districts now invaded by the
enemy into others, where their labor could be applied to the digging
of ore and the furnishing of the fuel necessary for the production of
iron.

I am, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

Confederate States of America, War Department,

March 12, 1862.
The President:

Sir : I have the honor to submit herewith the estimates of the War
Department for the term of eight months, from the 1st of April, 1862,
to the 1st of December, 1862, in accordance with the resolution of
Congress :

First. For the Quartermaster's Department $195,271,748.00

Second. For the Commissary-Generars Department 39, 826, 415. 00

Third. For the Ordnance service in all its branches _ . . 15, 500, 000. 00

Fourth. For the Medical Department- 3,015,000.00

Fifth. For the Adjutant and Inspector General's Bureau 10, 000. 00

Sixth. For the Engineer service in all its branches 2, 000, 000. 00

Seventh. For compensation of the Secretary of War and all offi-
cers, clerks, messengers, and watchmen in the War Depart-
ment __ 80,000.00

Eighth. For incidental and contingent expenses of the Army and

of the Department of War - 200,000.00

Ninth. For compensation of the Commissioner of Indian Affairs,
his chief clerk, and the contingent expenses of his office from

the 1st of March, 1862, to the 1st of December, 1862. 4, 000. 00

Tenth. For amount payable to certain Indian tribes under treaty

stipulations - - 371,461.30

Eleventh. For pay of superintendents and agents of Indians and

incidental and contingent expenses of these agencies _. 18, 264. 28

Total - - 256,296,888.58

The foregoing is the amount required according to the estimates of
the chiefs of bureaus, as herewith submitted, but after careful revis-
ion I believe that a considerable reduction may be made. I feel the
more confidence in my own judgment of the amount necessary to con-
duct the business of the Department and the operations of the war
from the fact that at a former session a similar reduction was sub-
mitted as the result of my own examination of the estimates, and the
event justified the reduction then made. It is deemed safe, there-
fore, to reduce the appropriations as follows, viz :

That for the Quartermaster-General to $155, 000, 000

That for the Commissary-General to _ 29,000,000

That for the Ordnance Bureau to 11,000,000

That for the Medical Bureau to - --- - -- 2,400,000

That for the Engineer service to - 1,800,000

On the basis of this reduction the whole amount of appropriation
required for this Department for the eight months would be
$199,883,725.58.

I am, sir, very respectfully, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

990 correspondence, etc.

Ordnance Office,
Richmond, March 12, 1862.
Hon. J. P. Benjamin,

Secretary of War:
SiK: I have the honor to inclose two papers, to which I beg your
attention. The first,* and perhaps most important, is to confide to a
separate body of officers the extraction of niter from the caves, and
the construction and supervision of niter beds. The bureau, with its
limited force of officers, is entirely unable to pay due attention to the
subject without neglect of other duties not less important. I have
already selected the person whom I shall recommend to the chief posi-
tion, and the selection of his assistants should be left to him. A mili-
tary organization connected with this bureau will, I am sure, be more
profitable in the execution of this vital duty than agents employed at
salaries and not responsible to a court-martial. The second is that
organization of the bureau which I deem necessary to the proper exe-
cution of its duties. At present there is no responsibility on the part
of officers doing ordnance duty in the field to the head of the bureau,
and I fear there is great waste and some neglect — ^waste which the
means of the bureau can ill afford. This organization would supply
responsible ofBcers to the principal commands. The increased rank
for the war to ordnance officers at arsenals would be an act of grace
to those officers which would, I am sure, allay many heartburnings,
and would cost but little. Many of these officers would be general
officers had they been allowed to exercise their own choice. It is
unjust not to accord this little claim to officers whose work is no less
conducive to the success of the war than the more active duties of the
field.

Very respectfully, your obedient servant,

J. GORGAS,
Lieutenant- Colonel and Chief of Ordnance.

[Inclcsure.]
AN ACT for the organization of the Bureau of Artillery and Ordnance.

Section 1. The Congress of the Confederate States of America do
enact. That the ordnance duties devolved on the Corps of Artillery
by the fifth section of the act entitled "An act for the organization of
the Army of the Confederate States of America," approved March 6,
1861, shall be performed by a bureau to be styled the Bureau of Artil-
lery and Ordnance.

Sec. 2. Said bureau shall be charged with supplying all ordnance
and ordnance stores required, and shall have charge of the arsenals,
depots, &e., for the manufacture and distribution of siipplies to the
Army, of the national armories, and of the powder mills, and of all
other establishments that may hereafter be purchased or erected for
tlie manufacture of ordnance and ordnance stores for the Confederate
States.

Sec. 3. Said bureau shall consist of the following officers, viz : One
colonel, one lieutenant-colonel, four majors, twelve captains (to be
nominated by the President), and of as many lieutenants detailed
from the lieutenants of the Army and for such time as the service may
require.

Sec. 4. The colonel of said bureau shall, unless otherwise directed
by the President, be stationed at the seat of government, or at head-

*Not found as an inclosure, but see act of April 11, 1863, p. 1004.

CONFEDERATE AUTHORITIES. 991

quarters, and shall be styled Chief of the Bureau of Artillery and
Ordnance.

Sec. 5. The oflcers of said bureau above the rank of lieutenant
shall wear the iiniform of the officers of the Corps of Artillery, with
such variation to designate their position on the staflE as the Secretary
of War may determine. Lieutenants attached to the bureau will
wear the uniform of their corps, with such addition or variation as
may be necessary to designate their position on the staff. The officer
on duty Avith an army shall be styled chief of ordnance of the Army
of . The officer on duty with a division shall be styled divis-
ion ordnance officer, and with a brigade, brigade ordnance officer.

Sec. 0. The pay of the officers of the bureau of all grades shall be
the same as of the corresponding grades of cavalry, with the like
allowance of horses and of fuel.

Sec. 7. The President may assign to each armj^ in the field com-
manded by a general or acting .general one of the officers of said
bureau, who shall while on such duty have the rank and be entitled
to the pay and allowances of a lieutenant-colonel. To each division
commanded bj' a major-general or acting major-general, an officer of
said bureau, Avho shall when on such duty have the rank and be
entitled to the pay and allowances of a major of cavalry. To each
brigade commanded bj^ a brigadier-general or acting brigadier-gen-
eral, an officer of said bureau, who shall when on such duty have the
rank and be entitled to the pay and allowances of a captain of cav-
ahy. Such assignments to be made on the application and recom-
mendation of the commanders of armies, divisions, and brigades,
tlirongh the Chief of the Bureau of Artillery and Ordnance. If offi-
cers of this bureau are not available for such assignments, then
officers of any corps may be temporarily detailed for like purposes
and will be entitled to like rank, pay, and allowances, and will for
the time being be considered attached to the Bureau of Artillery and
Ordnance.

Sec. 8. During the present war the officers of the bureau having
charge of the arsenals and armories and the powder mills of the
Confederate States and the assistant to the chief of the bureau shall
be entitled to the rank, pay, and allowances of the grade immediately
above that wliich they hold in the Confederate Army.

Sec. 9. The following are declared to be armories, arsenals, depots,
&c.:

Fayetteville Arsenal and Armory, Fayetteville, N. C. ; Richmond
Armory, Richmond, Va. ; Richmond Arsenal, Richmond, Va. ; Charles-
ton Arsenal, Charleston, S. C. ; Augusta Arsenal, Augusta, Ga. ; Con-
federate Powder Mills, Augusta, Ga. ; Savannah Depot, Savannah,
Ga. ; Montgomery Depot, Montgomery, Ala. ; Mount Vernon Arsenal,
Mount Vernon, Ala. ; Baton Rouge Arsenal, Baton Rouge, La. ; Texas
Arsenal, San Antonio, Tex. ; Little Rock Arsenal, Little Rock, Ark. ;
Memphis Depot, Memphis, Tenn. ; Nashville Arsenal, Nashville,
Tenn. ; New Orleans Depot, New Orleans, La.

BONHAM, Tex., March 12, 1862.
Samuel Cooper,

Adjutant and Inspector General, C. S. Army:

Sir: Since my letter to you of the Cth instant I have been traveling

over a considerable portion of the district assigned to me in which I

am to raise five regiments of infantry under the terms and restrictions

mentioned in your order to me of the 3d ultimo. I find everywhere a

992 COKRESPONDENCE, ETC.

willingness to volunteer, but a number of persons who were authorized
last summer and fall to raise regiments of mounted twelve-months'
men have taken advantage of the excitement and now come in and
are everywhere recruiting for mounted service, which, being much
more popular in Texas than foot service, and the term being shorter,
makes it a preferable service to our people, and is a very serious
obstacle in my way, and not satisfied with the number of troops they
were at first authorized to raise, some of these gentlemen, growing
ambitious, are now calling for two and three regiments, with a view
of urging upon the Government their claim to a brigadiership. Mr.
M. T. Johnson, I hear, has now gone to Richmond, with the view of
applying for the appointment of brigadier-general upon the ground
that lie" has actually mustered three mounted regiments of twelve-
months' men into the service. Two regiments, I believe, are organ-
ized, but the third has not been raised, and I hope will not. The
truth is, unless this raising of men for a short term of service, and
mounted at that, is peremptorily forbidden I cannot get tlie infantry
required, and it would overtax the State to raise mounted men
ad libitum, and on the heel of that raise also the required infantry.
I take it for granted that at the time I was ordered to raise five infan-
try regiments that that was the quota required of Texas east of the
Trinity for the Confederate Army. Since that order, if all the
mounted troops are received recruited in this district we shall actually
have more than the required number, and all mounted, and now to
raise 5,000 more will almost exhaust the male population. Would it
not, therefore, in view of all these facts, be well to issue a peremptory
order to those persons who have delayed raising these mounted men
until this time to disband them, and publish an order that no more
mounted or twelve -months' men, much less the two combined, will be
received into the service (save, perhaps, a special call). If this was
done I could get my five regiments in thirty days. As it is, it will
take me more than twice that time, and will take from the country
more men than is probably desired by the Government, and perhaps
more than would be prudent, especially from this section, where there
is a very large grain croji in the ground and a likelihood of there being
a deficiency of labor to save it. Provisions for tlie Army will prob-
ably the next season be drawn in large quantities from this section,
but if the drain on the male population is kept up, i. e., if all the
cavalry organized and being organized, and all the infantry called for
take the field, the harvesters will not be sufficient. I hope these self-
appointed brigadiers will be taken out of my way at once and a quietus
given to this mania for twelve-months' mounted service. An early
reply is solicited.

■ Very respectfully, SAML. A. ROBERTS,

Assistant Adjutant-General, Provisional Army, C. S.

[First indorsomeut.]

April 11, 1862.
Respectfully referred to Secretary of War. Requires early action.
In view of the fact that there is now in service from Texas more
than twenty regiments of cavalry and more than ten regiments of
infantry, independently of the force serving in the State, and that the
whole number is as great as she can be reasonably expected to furnish,
it is submitted Avhether it would not be well to recall the authority for
the five infantry regiments referred to within by Colonel Roberts.

S. COOPER,
Adjutant and Inspector General.

CONFEDERATE AUTHORITIES. 993

[Second iDdorsemcnt.]

Prohibit all persons authorized to raise troops in Texas from enlist-
ing twelve-months' men. Revoke and annul all authority to raise
troops granted by this Department, unless the oi-ganization be com-
pleted and muster-rolls returned in sixty daj^s from date of this order.

G. W. RANDOLPH.

[March 12, 1862. — For Letcher's authority to Confederate generals
in Virginia to call out the militia of that State within the limits of
their commands, see Series I, Vol. V, p. 1097.]

Richmond, March 13, 1862.
To the House of Representatives:

In response to the resolution of the 26th ultimo calling for a state-
ment as to the establishments under contract for the supply of small-
arras and of powder, and what means are employed in furnishing
percussion-caps, and whether the various manufacturing establish-
ments now employed by the Government will be able to furnish an
ample supply of arms, powder, and percussion-caps for the use of our
Army, I herewith transmit a report to the Secretary of War,* which
gives such information in relation to the ability of the establishments
employed as, it is hoped, will be satisfactory to the Congress. The
Government has secured a supply of sulphur suflflcient for any prox-
imate want; proper charcoal can be obtained in any requisite quan-
tity, and it only requires an adequate supply of saltpeter to insxire
the manufacture of more powder than can be profitably used. In
addition to the mills now in active operation a very extensive one has
been constructed in Georgia, which we have not started because the
supply of saltpeter did not justify it. Establishments for the manu-
facture of small-arms are being constructed and developed, but, as
was to have been anticipated, the progress has been slow and the
want of mechanics does not permit us to hope for such extensive
results as would satisfy existing necessities. The attention of Con-
gress is called to the remarks of the Secretary on the subject of iron,
and a method of increasing its production. For further information
reference is made to the tabular statement of the Chief of Ordnance,!
which is annexed to the letter of the Secretary of War.

JEFF'N DAVIS.

General Orders, i War Department,

>• Adjt. and Insp. General's Office,
No. 13. ) Richmond, March 13, 1862. _

I. The following act of Congress, and the regulations of the Sec-
retary of War thereupon, with directions respecting damaged powder,
&c., are published for the information of the Army:

AN ACT to establish a uniform rule of naturalization for persons enlisted in the armies of the Con-
federate states of America.

Section 1. The Congress of the Confederate States of America do enact, That
every person not a citizen of one of the Confederate States engaged in the mili-
tary service of the said Confederate States during the existing war against the

*Not found as an inclosure, but see Benjamin to Davis, March 13, p. 987.
f Not found.

63 R R — SERIES IV, VOL I

094

United States of America, shall thereby, and whilst in such service, be under the
protection of the Confederate States as fully as if he were a citizen thereof, the
rights of a citizen being to such extent hereby conferred, and moreover shall have
the right to become naturalized and to become a citizen of any one of the Confed-
erate States, and shall thereby be entitled to all the rights and privileges of a cit-
izen of said State of the Confederate States upon taking an oath to support the
constitution of such State, and well and faithfully to serve the Confederate
States of America, to maintain and support the Constitution and laws thereof,
and to renounce all allegiance and obedience to any foreign government, state,
sovereignty, prince, or potentate, and particularly by name the government,
state, sovereignty, prince, or potentate of which he may De, or have been, a cit-
izen or subject, and stating which one of the Confederate States he intends to
become a citizen of; but if the State in which the said applicant shall have resided
next before his application shall afterward become a member of this Confederacy,
the citizenship of said applicant shall remain in said State at his election, notwith-
standing proceedings under this act.

Sec. 2. The oath prescribed in the preceding section may be made by all per-
sons below the rank of colonel, before the colonel or commanding oflB.cer of the
regiment to which such persons may be attached, and said oath may be made by
colonels, and all officers superior in rank to colonels, and by all persons enlisted in
the military service of the Confederate States not attached to regiments, before
any commissioned officer of the Confederate States of rank higher than that of
colonel. And it shall be the duty of the Secretary of War to provide blank forms
of the oath required to be taken as aforesaid, and to cause the same to be distrib-
uted whenever necessary, and to make the regulations necessary for infoiming all
persons now engaged in the military service of the Confederate States of the pro-
visions of this act, and to cause all the oaths so taken as aforesaid to be returned
to the War Department. And it shall be further the duty of the Secretary of
War to file for record, in the district court of the Confederate States for the State
and district where the capital may be situated, all the oaths so returned to the
War Department as aforesaid. And it shall be the duty of the clerk of said dis-
trict court to record all oaths of naturalization filed with him as aforesaid, and to
keep an index of the same; for which service he shall be entitled to a fee of twenty-
five cents for each naturalization oath, to be paid out of the public treasury in
the same manner as his other fees of office.

Approved August 23, 1861.

II. Any person under the rank of colonel engaged in the military
service of the Confederate States, and attached to a regiment, may
become a citizen of one of said States by taking the following oath
before the colonel oi- commanding of&cer of the regiment to which he
is attached :

I, , do solemnly swear to support the constitution of

the State of , of which said State I intend to become a citizen;

that I will well and faithfully serve the Confederate States of Amer-
ica, and maintain and support the Constitution and laws tlicreof ; and
that I do renounce all allegiance and obedience to any foreign govern-
ment, state, sovereignty, prince, or potentate, and particularly all alle-
giance and obedience to .

Sworn to and subscribed before me this day of , 18G — ,

by , who is attached to the regiment under my command.

III. Tlie same oath must be taken by colonels and officers superior
in rank to colonels, and also by all persons enlisted in the military
service of the Confederate States not attached to regiments, in order
to become citizens of any one of the Confederate States. In such
cases tlie oatli must be taken and subscribed before a commissioned
officer of the Confederate States, whoso rank is higher than that of
colonel, whose certificate must show that such oath was taken by a
colonel, or by an officer superior in rank to a colonel, or by a person
enlisted in the military service of the Confederate States not attached
to any regiment.

IV. Any oath taken as aforesaid shall be returned to the War
Department by the officer before whom it is taken.

CONFEDERATE AUTHOKITIES. 995

V. Wastage of damaged powder and ammunition in camps and at
batteries having been reported, it is made the duty of officers in
charge thereof to turn it over to the nearest ordnance officer; or, he
being absent, to the quartermaster, who will forward it, with invoices
of the amount, to the ordnance officer at Richmond, Raleigh, Augusta,
or New Orleans, depending on their distance from those ijoints,
respectively. The same will be done with all unserviceable arras.

By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Executive Department,

Austin, March IS, 1862.
.1. ]'. Benjamin,

Secretary of War, Richmond, Va.:
Sir: I arrived here from Houston on yesterday and find in my
office the inclosed order of S. A. Roberts, who is probably the gentle-
man mentioned in my last from Houston as having authority to raise
five regiments of men within the State of Texas north and east of the
Trinity River, to report directly to the Adjutant-General of the Con-
federate States at Richmond without consulting with or reporting in
any way to the authorities of this State. This gentleman (S. A. Rob-
erts) is placed on a much more favorable footing to raise men than
the Executive of the State. He is holding out very strong induce-
ments to the Texans to enlist by permitting them to transport them-
selves on horses and mules -to be ultimately purchased by the
Government. The people are eager to engage in the conflict, and as
a rule desire to move at once to the scene of action. The effect of the
permission to S. A. Roberts, assistant adjutant-general, is to close
the region of the country in which he is authorized to operate against
the Executive until he obtains the number of men he calls for. I
wish to be informed whether these five regiments are to constitute a
portion of the fifteen regiments required of me by your Department
under date of the 3d of February, 1862. I am also well informed that
parties are yet traveling over this State raising men for cavalry serv-
ice and for twelve months under commissions from the War Depart-
ment. These commissions ought, in right and justice, to have been
revoked when the requisition was made on me for the fifteen regi-
ments. As this was not then done it should be done now. Unless
action is taken at once to remedy this evil I cannot and will not, as
I have said before, be responsible to any degree for the time and man-
ner in which Texas will fill in terms the requisition made upon her.
If Texas is expected to furnish her troops regularly and in accord-
ance with your requisitions, the people must understand and must
know that they go into service through the Executive of the State.
This system must be adopted and must be enforced or it will be
utterly futile for me to exert myself to comply with demands by you.
I trust, sir, that an early reply will be given me on these points.
I am, sir, with great respect, your very obedient servant,

F. R. LUBBOCK.

996

[Incloaure.]

February, 18G2.
To the Citizens of Texas in the Counties Lying East of the

Trinity :

Fellow-citizens: The crisis of our countrj^ is at hand. In all
human probability the events of the next six months will close the
war, or serve to protract it indefinitely. If we defeat the enemy or
keep liim at bay for that period it is believed by those highest in
authority that the war will be virtually, if not actiially, at an end.
To do tills every energy of the Government must be exerted, and
that at once. The enemy, profiting by their dearly-bought experi-
ence in the use of volunteers for a short term of service, discarded
the sj'stem and went to work to enlist troops for the war, and they
will bo in a condition, as soon as the spring opens, to precipitate upon
us a numerous and a well-drilled army. Oui- army, composed mostly,
of twelve-months' volunteers, will about that time bo actually dis-
banding, unless the patriotism of the volunteers shall overcome their
desire for ease. Strong hopes are entertained and some earnests
have recently been given by the armj' in Virginia and elsewhere that
this will be the case. But still, with all the volunteers now in the
field, the enemy greatly outnumbers us. I speak what I have the
best authority for saying. More troops we must liave, and if we
cannot get them as volunteers there will inevitably be a draft. How
will you respond to this plain state of facts? My long residence
and extensive acquaintance in a large portion of Texas enables
me to respond confidently for you. You will volunteer. But it
must not be a slow, hesitating action. It must, to be of use, be
a rapid, energetic, universal upheaval of the people. Hesitation
is death; inaction, a desertion of your country in this her hour
of need. Call public meetings; those of you who feel the firo
within will be gifted with words to rouse the torpid and add a new
energy to those who are already resolved to bring themselves to their
country. The time for prepai'ation is so short that it will bo impossi-
ble for me to visit, as I had thought of doing, each county in person.
By the 16th of April we want five regiments from the counties east of
the Trinity. The Government has authorized me to raise these regi-
ments, muster them into service, and provide for their outfit, &c.
"With great exertion I prevailed on the Department to depart some-
what from the rule which the good of the service required them to
make — to receive no more mounted troops — and I am now permitted
to let each volunteer mount himself on a good, serviceable horse or
mule, when about to take up the line of march, and when their desti-
nation is reached the troops will dismount and serve on foot, the
Government paj'ing them cash in currency for the horse or mule at
the appraised or muster-in value, and pay also 10 cents a mile to each
volunteer in commutation of forage, risk of horse, &c. The Govern-
ment will also arm the troops on reaching their destination, if not
before. A m ilitary depot and rendezvous will be established by me
at some healthy and convenient point for subsisting the troops while
in camp. I shall endeavor to place it where provisions are most
abundant and cheapest. Due notice will be given through the papers
or otherwise of the point selected. Special orders I am allowed to
give to any suitable gentleman desiring to raise a regiment or com-
pany. Whenever notified that a regiment has been raised I will
immediately proceed to any portion of my district (which is indicated
in the caption of this address), muster it into service, and assign an

CONFEDERATE AUTHORITIES. 997

encampment for drill, &c. An assistant quartermaster-general will
be in readiness at the place of general rendezvous to provide all the
necessary outfit and subsistence. These regiments will elect their own
officers. The stafif of each regiment will recommend, which always
amounts to an appointment, the regimental quartermaster, commis-
sary, surgeon, &c. Any one wishing further information will nsceive
it promptly by addressing me at Bonham, Fannin County, Tox. To
give this a wider circulation in Texas I hope the patriotic editors of
newspapers in the counties designated will insert it in their papers.

SAML. A. ROBERTS,
Assistant Adjutant- General, Provisional Army, C. S.

Executive Department,

March U, 1862.
To the Speaker of the House of Representatives :

Not being able to approve, I return with my objections, in accord-
ance with the duty imposed by the Constitution, an act entitled "An
act to create the office of commanding general of the armies of the
Confederate States." The act creates an office which is to continue
during the pleasure of the President, but the tenure of office of the
general to be appointed is without any other limitation than that of
the office itself. The purpose of the act, so far as it creates a military
bureau the head of which, at the scat of government, under direction
of the President, shall be charged with the movement of troops, the
supply and discipline of the Army, I fully approve ; but, by Avhat I
cannot regard otherwise than as an inadvertence on the part of Con-
gress, the officer so appointed is authorized to take the field at his
own discretion and command any army or armies ho may choose, not
only without the direction but even against the will of the President,
who could not consistently with this act prevent such conduct of the
general otherwise than by abolishing his office. To show that the
effect of this act would be highly detrimental to the Army, it might
be enough to say that no general would be content to prepare ti'ooj)s
for battle, conduct their movements, and share their privations during
a whole campaign if he expected to find himself superseded at the
very moment of action. . But there is another ground which to my
mind is conclusive. The Constitution vests in the Executive the com-
mand in chief of the armies of the Confederacy; that command is
totally Inconsistent with the existence of an officer authorized, at his
own discretion, to take command of armies assigned by the President
to other generals. The Executive could in no just sense be said to
be Commander-in-Chief, if without the power to control the discre-
tion of the general created by this act. As it cannot have been the
intention of Congress to create the office of a general not bound to
obey the orders of the Chief Magistrate, and as this seems to be the
effect of the act, I can but anticipate the concurrence of the Congress
in my opinion that it should not become a law.

JEFFERSON DAVIS.

[Inelosure.]

AN ACT to create the office of commanding general of the armies of the Con-
federate States.

Tlie Congress of the Confederate States do enact, That there shall
be, and is lierebj', created the office of commanding general of the

998 COREESPONDENCE, ETC.

armies of the Confederate States, which office shall continue only
during the pleasure of the President.

Sec. 2. Beit further enacted. That the said ofl&cer shall be appointed
by the President by and with the advice and consent of the Senate.
His usual neadquarters shall be at the seat of government, and shall
be charged, under the direction of the President, with the general
control of military operations, the movement and discipline of the
troops, and the distribution of the supplies among the armies of the
Confederate States, and may, when he shall deem it advisable, take
command in person of our army or armies in the field.

Sec. 3. Be it further enacted. That the pay of the commanding gen-
eral aforesaid shall be 8400 per month, without allowances; and if the
officer appointed under the provisions of this act shall be an officer of
the permanent Army the appointment shall not affect his rank as
such, but he shall receive none of the pay and allowances of his grade
as an officer of the permanent Army while holding the office created
by this act.

Sec. 4. Be it further enacted. That the staff of the commanding
general shall consist of a military secretary with the rank of colonel,
four aides-de-camp with the rank of major, and such clerks, not to
exceed four in number, as the President shall from time to time author-
ize. The pay and allowances of the military secretary and aides-de-
camp shall be the same as those of officers of cavalry of the like grade,
and the salaries of the clerks shall not exceed $1,200 per annum for
each. Such offices, office furniture, fuel, and stationery shall be pro-
vided for the commanding general as the duties of his office may
render necessarj', to be paid for out of the appropriation for the con-
tingent expenses of the War Department.

Passed House March 3, 1862. Vote, 50 to 16.

Passed Senate March 6, 1862. Vote not recorded.

[Veto sustained in the House by vote of 68 to 1.]

[March 14, 1862.— For General Orders, No. 15, Adjutant and In-
spector General's Office, publishing proclamation of Jefferson Davis,
extending martial law over certain counties in Virginia, see Series I,
Vol. LI, Part II, p. 502.]

Richmond, Va., March IB, 1862.
Hon. W. M. Brooks,

Marion Ala.:
My Dear Sir: If under other circumstances I might be willing to
hear criticism of my acts, the condition of the country now too fully
engrosses all my thoughts and feelings to permit such selfisli impa-
tience, and I have read yours of the 2oth ultimo,* anxious to gather
from it information, and thankful for your friendly remembrance and
the confidence your frankness evinces. I acknowledge the error of
my attempt to defend all of the frontier, sea-board and inland; but
will say in justification that if we had received the arms and munitions
which we had good reason to expect, the attempt would have been
successful and the battle-fields would have been on the enemy's soil.
You seem to have fallen into the most uncommon mistake of supposing
that I have chosen to carry on the war upon a "purely defensive
system. " The advantage of selecting the time and place of attack was

*Not found.

CONFEDERATE AUTHORITIES. 999

too apparent to have been overlooked, bnt the means have been
wanting. Without militaiy stores, without the workshops to create
them, without the power to import tliem, necessity, not choice, has
compelled us to occupy strong positions and everywhere to confront
the enemj- witlioiit reserve. The country has supposed our armies
more numerous than they were, and our munitions of war more exten-
sive than they have been. I have borne reproacli in silence because
to replj" by an exact statement of facts would have exposed our weak-
ness to the enemy. History, when the case is fully understood, will
do justice to the men who have most suffered from liasty judgment
and unjust censure. Military critics will not say to me, as you do,
' ' your experiment is a failure," but rather wonder at the disproportion
between the means and the results.

You inform me that "the highest and most reputable authors" say
that "I have not had a Cabinet council for more than four months."
I read your letter to a member of my Cabinet to-day. They were
surprised at the extravagance of the falsehood, and did not believe
that so much as a week had at any time occurred without a Cabinet
consultation. I would like to know who the authors of such stories
are. Your own estimate of me, I hope, assured you that I would not,
as stated, treat the Secretary of War "as a mere clerk;" and if you
know Mr. Benjamin j'ou must realize the impossibility of his submit-
ting to degradation at tlie hands of any one. The opposition here
complain that I cling too closely to my Cabinet, not as in your section
tliat they are di.sregarded; and the only contempt of the sentiments
of Congress which is here alleged against me (so far as I have heard)
is that their wish for the removal of two or more members of the
Cabinet has not been yielded to. Perhaps there might be added
dissatisfaction on the part of a few at the promotion or appointment
of military officers without consulting the members of Congress in
relation to them. Against the unfounded story that I keep the
generals of the army in leading strings may be set the frequent com-
phxint that I do not arraign them for what is regarded their failures
or misdeeds, and do [not] respond to the popular clamor by displacing
commanders upon irresponsible statements. You cite the cases of
Generals Johnston and Beauregard, but you have the story nomine
mutata; and though GeneralJohnston was offended because of his
relative rank, he certainly never thought of resigning, and General
Beauregard, in a portion of his report which I understand the Congi'ess
refused to publish, made a statement for which I asked his authority,
but it is surely a slander on him to say that he even considered him-
self insulted by me.

The grossest ignorance of the law and the facts can alone excuse
the statement as to the ill-treatment of General Price by me. His
letters do not permit mo to believe that he is a party to any such
complaint. If, as you inform me, it is "credibly said" that " I have
scarcely a friend and not a defender in Congress or in the Army," yet
for the sake of our country and its cause I must hope it is falsely so
said, as otherwise our fate must be confined to a multitude of hypocrites.
It would be easy to justify the appointments which have been made of
brigadier-generals by stating the reasons in each case, but suffice it to
say that I have endeavored to avoid bad selections by relying on
military rather than political recommendations, and upon the evidence
of service where the case was one of promotion. It is easy to say that
men are proscribed because of their political party. Look for your-
self and judge by the men filling the offices whether I have apphed

1000 COERESPONDENCE, ETC.

party tests. When everything is at stake, and the united power of
the South alone can save us, it is sad to know that men can deal in
such paltry complaints, and tax their inp;enuity to slander because
they are offended in not getting office. I will not follow the example
set me and ascribe to them bad motives, but deem it proper to say that
the effect of such assaults, as far as they succeed in destroying the
confidence of the people in the administration of their Government,
must be to diminish our chances for triumph over the enemy, and
practically to do us more harm than [if] twice the number of men I
can suppose to be engaged in such work were to desert to the standard
of Lincoln.

You are no doubt correct in your view of the propriety of keeping
volunteers in the field, but you will not fail to perceive that when a
small force is opposed to a large one the alternative is to retreat or
fortify some strong position, and as did General Jackson at New
Orleans, thus compensate for the want of numbers. But the strength
of an army is not merely dependent on numbers. Another element
is discipline and instruction. The first duty now is to increase our
forces by raising troops for the war and bringing out all the private
arms of the country for the public defense. If we can achieve our
independence the office-seekers are welcome to the one I hold, and
for which possession has brought no additional value to me than that
set upon it when, before going to Montgomery, I announced my
preference for the commission of a general in the Army. Accept my
thanks for the kindness which you have manifested in defending me
when so closely surrounded by evil reports. Without knowing what
are the many things you have supposed me to have done, and which
were disapproved, I venture to say, if the supposition was based upon
the statements of those "reputable authors" before noticed, that I
was more worthy of your defense than you believed when making it.
Very respectfully, your friend,

JEFFERSON DAVIS.

Executive Department of North Carolina,

Adjutant-General's Office,

Raleigh, March 15, 1862.
General S. Cooper,

Adjutant-General C. 8. Army, Richmond, Va.:
General: I inclose herewith copies of the acts of the General
Assembly of this State in regard to the term of service of twelve-
months' volunteers. IJy the first section of the act ratified May 10,
18G1, page 0, the term of service is "for twelve months after they
shall be mustered into service." The seventy-second section of the
act ratified on the 20th day of September, makes the term twelve
months "from the date of the election of field officers by the regi-
ment."

I am, very respectfully, your obedient servant,

J. G. MARTIN,
Adjutant- General.

[Inclosnro No. 1.]

AN ACT to provide for the public defense.

Section 1. Be it enacted by the General Assembly of the State of
North Carolina, and it is hereby enacted by the authority of the same.
That in order to provide speedily forces to repel invasions and aid

CONFEDERATE AUTHORITIES. 1001

the Confederate Staies of America in maintaining the rightful pos-
session of every portion of territory belonging to each Southern
State, and to secure the public tranquillity and independence against
threatened assaults, His Excellency the Governor, by the advice of
the military board, be, and he is hereby, authorized to employ the
militia, military, and naval forces of this State, and to ask for and
accept the services of 20,000 volunteers, who may offer their services
either as cavalry, mounted riflemen, artillery, or infantry, in sucli
proportion of these -several arms as he may deem expedient, to serve
for' twelve months after they shall be mustered into service, unless
sooner discharged, with power on the part of the Governor to increase
said volunteer force to the number of 50,000, if the public exigencies
demand it.

* ******

Read three times and ratified in General Assembly this 10th day of
May, A. D. ISGl.

W. T. DORTCH,
Speaker House of Commons.
HENRY T. CLARK,

Speaker Senate.

[iDclosure No. 2.]

The militia law of North Carolina, passed at the second extra ses-
sion of the General Assembly, 1861.

* - * * * * * *

Sec. 72. Said troops shall be raised by voluntary enlistment either
for the war or for terms of not less than twelve months, to begin
from the date of the election of field officers by the regiment: Pro-
vided, The Confederate Government continues to receive into service
volunteers for a time less than the continuance of the war. And all
such volunteers when tendered for service to the Governor may be
accepted by him in companies, or in numbers less than a company, if
he shall deem the same expedient; and when so accepted they shall
be deemed in the service of the State, shall be subject to the orders
of their superior officers, and to the Rules and Articles of War
adopted by the Government of the Confederate States; and when
received in numbers less than a company they may be consolidated
as to form companies, and shall be paid from the date at which they
were accepted.

* ******

Read three times and ratified in General Assembly this 20th day of
September, A. D. 1861.

N. N. FLEMING,
Speaker of the House of Commons.
HENRY T. CLARK,
Speaker of the Senate.

Executive Department,

Austin, March 15, 1863.
Hon. .1. P. Benjamin,

Secretary of War, Bichmond:
Sir: I am this day in receipt of letters informing me thatreeruiling
officers are issuing authority for the raising of cavalry corapanies so

1002 CORRESPONDENCE, ETC.

as to increase Colonel Carter's command to a brigade. I wish to be
advised as to the facts. If it be so that such authority is vested in
Colonel Carter or others I can only repeat what I have already said,
that it will defeat every effort I can make to raise infantry. If cav-
alry is to be raised I claim the right to furnish them in such manner
as will entitle the State to credit for them. I cannot understand why
individuals should be placed on a more favorable footing in the rais-
ing of men than the State authorities. If cavalry is wanted I could
fill your requisition in twenty days. I hope to hear from you at ypur
earliest convenience. I am exerting every influence and power to
comply with the requisition made upon me, and were I left untrara-
meled and permitted to act independently of gentlemen having roving
commissions my efforts would be successful. I inclose an order that
I was constrained to issue.

Youi-s, very respectfully,

F. R. LUIJBOCK.

[Incloaure.]

General Orders, } Ad.iutant-General's Office,

No. 8. j' Aufitin, March IS, 18G2.

I. In addition to the requisition from the War Department for fifteen
regiments of infantry to serve for three years or during the war, this
State is required to furnish recruits to fill up the First, Fourth, and
Fifth Regiments of Infantry now stationed on the Potomac, and to
facilitate the accomplishment of this object the following-named offi-
cers have been detailed and empowered to enroll men for theii'
respective companies, viz:

First Texas Regiment: Lieut. J. L. Sheridan, Company I; Lieut.
J. L. Spencer, Company IT; Capt. John R. Woodward, Company G;
Lieut. W. A. Bedell, Company L.

Fourth Regiment : Comi)any A, Capt. J. C. G. Key, Gonzales, Tex. ;
Company B, Second Lieut. R. J. Lambert, Austin, Tex. ; Company C,
Capt. W. P. Townsend, Owensville, Tex. ; Company D, Lieut. C.
Reich, Seguin, Tex. ; Company E, Lieut. J. M. Brandon, Waco, Tex. ;
Company F, Lieut. L. P. Hughes, San Antonio, Tex. ; Company G,
Adjt. R. II. Bassett, Anderson, Tex. ; Company II, Lieut. C. E. Jones,
Montgomery, Tex. ; Company I, Capt. C. M. Winkler, Corsicana, Tex. ;
Company K, Lieut. J. T. Burress, Athens, Tex.

Fifth Regiment: Company A, Lieut. James E. Clnte, Houston, Tex. ;
Company 13, Lieut. J. D. Roberdeau, Columbus, Tex. ; Company C,
Lieut. J. J. McBride, Centerville, Tex. ; Company D, Lieut. W. T.
Hill, Waverly, Walker County, Tex. ; Company E, Lieut. R. T. Har-
per, Washington, Tex. ; Company F, Lieut. W. D. Williams, Liberty,
Liberty County, Tex. ; Company G, Lieut. John Smith, Cameron,
Milam County, Tex.; Company 11, Capt. John S. Cleveland, Cold
Spring, Polk County, Tex. ; Company I, Lieut. B. J. Franklin, Inde-
pendence, Washington County, Tex. ; Company K, Lieut. Robert W.
Hubert, Livingston, Polk County, Tex.

II. As the recruiting officers are prepared to pay the bounty of $50
to each recruit at the time of enlistment and furnish the necessary
transportation to their respective companies, the Governor urges upon
those who desire to join any of the above-mentioned regiments to report
to the recruiting officer of the company to which they may desire to
enter, that the State may obtain credit foi' all recruits furnished those
regiments; and the recruiting officers are requested to furnish the

CONFEDERATE AUTHORITIES. 1003

adjutant-general with a muster-roll of all the men who may have
enlisted at the time of leaving the State.

III. Men leaving the State singly, in squads, or in any other man-
ner since the Governor's proclamation of February 2G, 1862, without
reporting to their brigadier-general, deprive the State of the credit to
which she is entitled, diminish its strength, and by this course will
force upon the Executive the necessity for a draft, the very appre-
iiension of which is so repugnant to a Texan. All those volunteering
for a term less than three years or the war are nevertheless liable to
be drafted; and any one so drafted who shall fail to appear shall be
recorded as a deserter and be dealt with according to law, unless he
shall furnish this office with the evidence of his having joined some
company for the war.

IV., The general commanding the Department of Texas has been
ordered by the War Department to receive no troops except for the
term of three years or for the war.

V. As this requisition and the requisition for fifteen regiments call
for infantry, under no circumstances will cavalry be received.

S( order of Governor F. R. Lubbock :

J. Y. DASHIELL,
Adjutant and Inspector General.

No. 58 Jermyn Street, London,

March 15, 1862.
Maj. J. GORGAS,

Confederate States War Department:
Major: I have the honor to inform you that the owners of the
Stephen Hart have taken steps for the recovery of their property,
which they hope will prove successful. The case is in good hands in
New York, and I can confidently say that everything that can be done
in the case will be properly attended to. The screw steamer South-
wick is now en route to Nassau with a valuable cargo of arms and
other supplies. A list of her cargo has already been forwarded to you.
The steamer Minna will leave in a few days, probably on the 19th.
There will be on board of this vessel for the Government 5,000 rifles,
1,500 cavalry sabers, 1,500 cavalry belts, 10,000 friction-tubes, and 500
barrels of cannon-powder. The steamer Bahama is expected to arrive
to-day at Hamburg, where she will take on board the Austrian field
batteries, concerning the purchase of which I have already informed
the Department. This vessel has also on board four 7-inch navy guns
and a quantity of shells, which, in the absence of Captain Bulloch, I
directed to be sent to Nassau with a view to their being transferred to
another vessel if opportunity should offer. Since disposing of these
guns in this manner Captkin Bulloch has aiTived and has taken charge
of the vessel for which these guns were intended. He has not seen
fit to change the destination of the guns, and they will accordingly be
forwarded with the field batteries. I regret exceedingly that there is
no officer of the Navy in this country to take charge of the important
shipment from Hamburg. In my last communication I stated that I
should consider it my duty to go in the Bahama myself in case no
officer arrived in the meantime. But after conferring with Captain
Bulloch and considering the whole matter, I have come to the deter-
mination that it would not be proper for me to leave this country for

1004 COKEESPONDENCE, ETC.

SO long a time, since every day my presence is necessary in connec-
tion with the business which I have in hand. I must therefore trust
everything to the master of the ship, who is certainly entirely trust-
worthy and competent, but who cannot feel himself possessed of
that complete control of the property that he would if he were a com-
missioned officer of either the Army or Navy.

The Bahama will be commanded by Mr. Tessier, late master of the
Bermuda. It is almost impossible to combine in any one ship the
qualities necessary in running into a port of the Confederacy and, for
crossing the ocean. Vessels having the speed requisite for the former
service require so much space for coal as to leave almost no room for
cargo, while all the screw steamers, the only class fitted for carrying
cargo so great a distance, are quite slow. I am quite at a loss what
destination to give to the Bahama. My conviction is that York Rj ver is
the point for which she should run, but I do not think that the mas-
ter of the ship will be willing to attempt the blockade, at any rate,
and I shall be obliged to send her to Bermuda or Nassau. I beg to
suggest to the Department the importance of everything relating to
these shipments being kept entirely secret. From the evidence ^fUen
in the case of the Stephen Hart, I am confident that, no matter what
may be the character of the flag, munitions of war belonging to
the Confederate Government will be held b3' U. S. officers liable to
capture, no matter where they may be found. My next shipment of
arms I shall endeavor to make by the Havana mail steamer from
Southampton. My steps are so narrowly watched by the.agents of the
United States wherever I may go, and such efforts are made by the
numerous U. S. ministers and consuls all over Europe to prevent
munitions of war going to the Confederacy, that I am of the opinion
that Confederate propei-ty will be unsafe on board of any other than a
regular mail packet. I adopt every precaution, such, for example, as
having evei'ything done by British merchants, but I do not feel that
even the property now at sea is safe from capture. If it be asked why
I do not insure the cargoes against capture, I have to answer that the
rate of insurance is high, and that I do not think that the money
would be paid in case of capture, the insurance being entirely illegal.
Moreover, It is an undignified position for a Government to occupy,
that of paying individuals of another Government to insure its
property.

The last remittance that I received (£80,000) was insufficient to
discharge the indebtedness I had incurred. It would be impossible
at the present time to obtain anything for the Confederacy on
credit, with all the losses in the field its Army has sustained, and I
shall therefore be unable to do more than send forward the rifles and
aceouterments that I have under contract; and, for the want of
money, I am obliged to direct the manufacturers to liold back in their
deliveries as mu'ch as ijossible. The rifles of the London Armory
Company are so greatly superior to all ot^iers that I have made an
effort to obtain the control of all that they can make within the next
three j'ears. The contract of the company with the British Govern-
ment is about expiring, and I have requested the managing director
not to apply for a renewal of it until I can receive instructions from
the War Department, and have also requested him to tender to me a
proposal for supplying 50,000. I have not received his formal reply,
but it will be in substance as follows: The pi-ice to be the same as to
the British Government, which I think is 60 shillings, say $15; rifles
to be delivered in London, payment on delivery. The sum of £15,000
to be deposited on interest as a penalty to be forfeited in case of non-

CONFEDERATE AUTHOKITIES. 1005

payment by Confederate Government. The penalty to 1*6 absorbed
in payment for the last deliveries. I have found this company in
every transaction that I have had with them most lionorable and
accommodating, and I beg to suggest to the Department tlie great
importiance of making such a contract with them as I have proposed,
which is similar to one just completing for the British Government.
It will be necessary in case the contract is made to organize a corps
of inspectors of the work as it progresses from the forgings to tlie
finished I'ifle. I have no doubt that I could secure the services of
the same men now acting in the same capacity for the British war
department. The advantage of having a standing contract with so
respectable a company would not be limited to the contract itself.
In case the General Government or any of the State governments
found, it necessaiy to procure a greater number of rifles in England
than this company could furnish, the same inspectors would be avail-
able for receiving other rifles, and the standard of quality in the
minds of these inspectors would be the highest possible. I beg to
re(iuest an early communication on this subject from the War Depart-
ment. I have imported from New York a U. S. cavalry saddle, and
sliall have a number manufactured according to that pattern as soon
as I have the money with which to pay for them, believing that it is
preferable to any saddle that I have seen in Europe. I liave imported
from France a set of artillery harness which has some points of supe-
rioritj' over the English, and in case of ordering any more artillery
harness in this country shall follow the French model in some
])articulars. It is quite impossible for me to send forward to the
Dei)artment an accurate statement of each contract made.

The Department must be aware that with so much to attend to my
time is fully occupied. I find it necessary to superintend everything
])orsonally, even to the shipping of the articles. To-morrow I go to
Ilamburg to attend to the embarking of the artillery. I have secured
four more batteries of artillery, which I am to have rifled and fitted
complete for service. I have, however, no money to pay for them and
I cannot borrow any more. As I have already informed the Depart-
ment, the entire cargo of the Bahama — 80 cannons, 4,500 sabers,
o forges, and 3 battery wagons — was purchased with money borrowed
from individuals in Liverpool in sums of from £200 to £1,000. For
tliese sums I gave my notes as agent of the Government, payable on
the 1st of August.

I have the honor to be, very respectfully, your obedient servant,

CALEB HUSE.

I have I'eccived no communication from the Department since
Secretarv Walker lefi Jie office of the War Department.

C. H.

Richmond, Va., March 17, 1862.
The Senate of the Confederate States:

I nominate for tlie advice of the Senate the following-named oifi-
cers, viz: For Secretary of State, J. P. Benjamin, of Louisiana; for
Secretary of the Treasury, C. G. Memminger, of South Carolina; for
Secretary of War, G. W. Randolph, of Virginia; for Secretary of the
Navy, S. R. Mallory, of Florida; for Attorney-General, Thomas H.
Watts, of Alabama; for Postmaster-General, John II. Reagan, of

Texas.

JEFFERSON DAVIS.

1006 CORRESPONDENCE, ETC.

AN ACT to regulate the destruction of property under military necessity, and
to provide for the indemnity thereof.

The Congress of the Confederate States of America do enact, That
the military authorities of the Confederate Army are hereby author-
ized and directed to destroy cotton, tobacco, military and naval stores,
or other property of any kind whatever, which may aid the enemy in
the pi'osecution of the war, when necessary to prevent the same, or
any part thereof, from falling into the hands of the enemy.

Sec. 2. Be it further enacted. That the owners of property destroyed
under the operation of this act, as well as those persons who shall vol-
untarily destroy their property to prevent the same from falling into
the hands of the enemy, are hereby authorized to perpetuate the tes-
timony of such destruction, in the manner prescribed by an act of
the Provisional Congress, entitled "An act to perpetuate testimiony in
cases of slaves abducted or harbored by the enemy, and of other prop-
erty seized, wasted or destroyed by them," approved thirtieth August,
eighteen hundred and sixty-one; and such owners and persons sliall
be entitled to indemnity out of the proceeds of property sequestered
ahd confiscated under the laws of the Confederate States, in such
manner as Congress may hereafter proviae.

Approved March 17, 18G2.

[March 17, 1862.— For Benjamin to Shorter, in relation to "the
prompt and patriotic response " made by Alabama to the call of the
Government for troops, &c., see Series I, Vol. X, Part II, p. 333.]

Executive Department,

Austin, March 17, 1862.
[Hon. J. P. Benjamin:]

Sir : I dislike to be so troublesome in trespassing upon your valuable
time. I deem it, however, essential that you should at once know the
difficulties surrounding this department in raising infantry for the
war. Every mail brings me letters and assurances of authority from
your Department issued to parties to raise cavalry in this State. On
yesterday I was notified that J. IT. Burnett, of Crockett, Tex., had
authority from you to raise, in addition to a regiment, as many more
men as should offer to him their services. I also learn Colonel Darnell
has now nineteen companies (cavalry). I am notified by Mr. L. A.
Abererombie, of Huntsville, Tex., that he has authority to raise a
regiment or battalion of infantry for the war. I also received the
within notice this morning. I am pressing on the requisition made
upon me the 3d [2d] of February, and am tVa'catening the people with
a draft. Is it fair to do this, Avhen it would appear that our State is
likely to have many more men in the field than you admit lo be the
proper quota? I shall await with anxiety an answer to the many let-
ters I have addressed you on this subject. The camps of instruction
are established and the soldiers are beginning to rendezvous.
Yours, very respectfully,

F. R. LUBBOCK,

CONFEDERATE AUTHOKITIES. 1007

[Inclosuie.]
MEN OF TEXAS, TO ARMS !

Col. James P. Major, late of the Second Cavalry, who distinguished
himself in the great Wichita Indian fight under Van Dorn, and at the
battle of Oak Hills under General McCulloch, has been commissioned
by tlie Secretary of War to raise a regiment of lancers. This is a
favorite service with Texans and a splendid field for military achieve-
ment. The undersigned has been commissioned by Colonel Major
to raise a company for his regiment. Each man is expected to fur-
nish a good horse and substantial clothing for the campaign. The
company will be furnished with transportation to the place of ren-
dezvous at Fort Smith, Ark., at which place they will be furnished
with ±he .arms of the regiment. Soldiers enlisting in this service will
be eiititled to SoO bounty. All wlio can procure Ji six-shooter will do
well to secure one, as it is a terrible instrument of execution in the
hand of the Texan.

Fellow Texans, now is the time to rally to the standard of liberty.
The enemy are pressing us on every hand. Our hearthstones and
sacred firesides are polluted by the tyrant's minions, and the cry of
' ' To arms ! " " To arms ! " rings along the hills and valleys of the sunny
South, calling in thunder tones the denizens of the forest to roll back
the red wave of war upon the shores of the heaven-cursed land of the
Northern barbarian. Let the motto of "Victory or death ! " be nailed
to our flag. .Let the valiant sons of Texas rally from the hill- tops and
the valleys, like Highland Scots to the bugle blast of the bold
McGregor's liorn, and a more terrible retribution will follow than ever
was recorded on the burning pages of history. Those wishing to
enlist ^vill report to me forthwith at Victoria.

March 10, 1862.

WILLIAM M. BLAIR.

Confederate States op America, War Department,

Bichmond, Va., Marcli 17, 1862.

Messrs. S. Isaac, Campbell & Co.,

71 Jermyn Street, London, England:
Gentlemen: lam in receipt of your favor of January 29, by the
Economist, and desire to express to you the deep sense of obligation
felt by this Government for the kind and generous confidence which
j'ou have exhibited to^Vard us at a moment when all others in foreign
countries seem to be doubtful, timorous, and wavering. You will
find, however, tliat j'our confidence was not misplaced, and that we
have not failed (as far as we could find means) to make remittances
to Captain Iluse, although not as rapidly as we desired; but our
difficulties have been greJlt in procuring secure remittances. Enough,
however, has been done, Ave trust, to relieve you from embarrassment
or apprehensions. I find from my books that the amounts furnished
to Captain Huse have been recently as follows, viz:

January 20 - ^I'^r.

February U - - ■ ?°°'222

March?. - - 500,000

Total 1,261,600

1008 CORRESPONDENCE, ETC.

I shall continue my remittances by every favorable opportunity,
but shall probably not send them otherwise than in cash, as we prefer
leaving to the merchants the very large profits made from shipping
produce, being desirous of satisfying your Government and people
of the folly of allowing their trade to be cut off from a country
capable of furnishing such rich fruits to commercial enterprise. Our
demands for supplies from England will continue quite large, and we
trust you may find your connection with our young Government
equally profitable and agreeable. i

I am, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

)>■
[Makch 19, 1862. — For Price to Benjamin, in relation to organiza-
tion of troops in Missouri, &c., see Series I, Vol. VIII, p. 792.]

Confederate States of America, War Department,

Richmond, Va., March 19, 1862.
Dr. R. G. Barkham,

Tarhorough, N. C:
Sir: Guerrilla companies are not recognized as pai't of the military
organization of the Confederate States, and cannot be authorized by
this Department.

Respectfully,

J. P. BENJAMIN,
Acting Secretary of War.

(Same, March 20, to Capt. Samuel P. Gresham, Foi;Jy-seventh Vii--
ginia Regiment, Fredericksburg, Va. )

Memphis, Tenn., March 19, 1862.
His Excellency President Davis :

As a friend and lover of the Southern Confederacy I beg to make a
few suggestions. You can ascertain from Governor Harris, R. C.
Brinkley, Sam. Tate, M. J. Wicks, and many others here, true to our
cause, that large quantities of sugar and cotton ai'e stored away in
this city and now being removed by the order of the provost-marshal
on the "Bluff" ready for destruction, if neces'^ary. To destroy this
sugar and cotton without compensation will reduce to poverty a num-
bei- of good and loyal men. It should certainly be destroyed rather
than fall into the hands of the Federals, but as the sacrifice would be
for the public good they ought to have their pay in Confederate
notes, which in this city is only worth half a» much as gold; yet they
would willingly take them at par value. The probability is, without
a change in the tide now against us, Memphis will soon be in the
hands of the Lincolnites. With it will go a large portion of rich cot-
ton plantations. Planters who have little, and some of them no
money, are required to pay the war tax in gold, or almost its equiva-
lent, besides all expenses. Now, in addition to this, burn their cot-
ton, their only reliance, without paying them in Confederate notes,
which they can now use, and you seriously injure many. It will
throw a damper on the Confederate cause, because the burden is not
equal. Meat men, corn and grain raisers, stockmen, have all been

CONFEDERATE AUTHORITIES. 1009

paid fair prices. The cotton planter lias suffered most, and ought
to be relieved where his cotton is burned for the public good. He
ought to have Confederate notes, which he can now use. More than
three months ago, in Nashville, Tenn., I heard Col. Wirt Adams say
that Nashville had but little more protection, other than the low
stage of the Cumberland River; that the fortifications at Fort Donel-
soh were wholly inadequate to resist a formidable assault. He was
to me a comparative stranger, yet his remarks made upon me a deep
impression, as they did iipon many others. The Secretary was
entirely too slow in commencing to build gun-boats, and he is now
heartily cursed from one end of the country to the other. The prop-
erty taken and destroyed by our enemies on the Tennessee and Cum-
berland would have biiilt gun-boats sufficient to have protected all
the rivers in the South. Now, should he get down the river we lose
all our boats.

With high regard, respectfully submitted, in great haste, by,

J. ALEXANDER.

Adjutant-General's Office, Virginia,

Richmond, March 10, 1S62.
His Excellency John Letcher,

Governor of Virginia:

Sir: In obedience to a resolution of the House of Delegates of the
18th instant I have the honor to report that up to this morning,
inclusive, returns have been received from 408 volunteer companies
of the State in the sei-vice of the Confederate States, showing an
aggregate of 27,898 men, rank and file, in service when the reports
were made, and requiring at that date 13,045 men to increase the num-
ber of all tliese companies to 100, rank and file, each. But since the
passage of the acts of the 8th and 10th of February last, and especi-
allv since the proclamation calling out the militia in mass, so many
have volunteered that there is a fair prospect of the deficiency being
filled up without a draft, or by a comparatively small one.

It is, however, to be apprehended that the large class of persons
which it has been deemed necessary to exempt from whole or partial
service, with the many who have been and may be improperly
exempted by the boards appointed to pass upon claims for exemption,
may diminish materially the number of recruits for the volunteer
force. I have no means of ascertaining what number have joined that
force since the returns were made. Many companies have recruiting
officers in Richmond and other places, particularly the counties and
cities whence they came. At this office .345 volunteers are registered
for different companies. Ninety-nine out of 198 regiments of militia
of the line have made returns, many of them confused and imperfect.
Corrections have been made, as far as practicable, at this office. The
tabular statement Avhich is herewith sent gives results, without names
of counties and cities, which could not be included without delaying
this report at least another day. The Avhole can be given, if required,
now, or when all the returns are in. The portions of the State occu-
pied by the enemy contain fifty-two regiments of militia of the line,
from which no returns are to bo expected.

Very respectfully, your obedient servant,

•^ ^ WM. H. RICHARDSON,

Adjutant- Gen eral.

fi4 R R — SERIES IV, VOL. I

1010 COREESPONDENCE, ETC.

[Inclosuro.l

Statement of tlie number of volunteer companien reported to this oJffUie to morn'

ing of March 19, 18G3.

Number of companies - - - - - • |08

Strength at date of report - - 3'''' 898

Total required to increase each company to 100, rank and file - - 13, 045

MILITIA.

Whole number of regiments of the line 198

Number of regiments in counties in ijossession of the enemy 52

Number of regiments which have reported _ 99

Number of men reported for enrollment - . . 37, 661

Number who failed to report - 3, 659

Number who claim exemption . 7, 687

Total 49,007

WM. H. RICHARDSON,

A djutant- General.

Adjutant and Inspector (tEneral's Office,

Montgomery, Ala., 3Iarch 20, 1862.
General Duff C. Green,

Qiutrter master- General, Mobile:
General : The salt question is hourly increasing in magnitude and
importance. The people of the Confederate States require full
0,000,000 bushels at the lowest calculation, and unless thej' are abso-
lutely forced to it not 1,000,000 will be made, assuming of course that
the blockade is to continue. They can only be forced to the maniT-
facture of the article by having to pay an enormoiis price, or finding
that thej^ cannot get it on easy terms. Salt is in very great demand
here, and every artifice and fraud is resorted to by speculators both
in this State and Georgia. The Liverpool is $25 per sack in Rich-
mond, and I believe that here all we have would be readily taken up
at S20, but Pickett is dealing it out by the smallest quantities, rarely
more than one sack to a purchaser, and then only when it is certain
that it is wanted for actual consumption. The Governor is of opinion
that we should make arrangements at the very earliest day to get all
the State holds away from New Orleans and under our own control,
and with this view wishes you as soon as you can spare the time to go
1 o New Orleans and make the necessary arrangements for its ship-
ment. He will, probably, by the next mail inclose you a letter to
Governor Jloore, of Louisiana, to aid you, officially if need be, in
securing its removal.

Very respectfully, your obedient servant,

GEORGE GOLDTHWAITE,
Adjutant and Inspector General, Alabama.

General Orders, ) Headquarters,

No. 1. \ Richmond, Va., March 20, 18G2.

To avoid tlie danger, if not the certainty, of frequent collisions, and
tlio consequent destruction of life and jjroperty, as avcU as obstruc-
tion to all transportation, it is absolutely necessary that the move-
ments of railroad trains should be under one undivided control.

CONFEDEEATE AUTHORITIES. 1011

These considerations make it imperative that all trains should be regu-
lated in their movements and speed only by their conductors and
engineers, in accordance with the regulations and time-tables of the
company. All the operations of a road should be controlled by its
superintendent or other authorized officer, and all orders for trans-
portation of every kind and the movement of every train will be
directed through him when the exigencies of the service demand a
variation from the regular schedule. Disregard of this rule will inev-
itably be attended with disastrous consequences.
By order of General R. E. Lee :

W. H. TAYLOR,
Assistant Adjutant-General.

Special Orders, ) Headquarters,

IsTo. 2. f Richmond, Va., March 21, 1862.

The following directions, received from the Governor of Virginia,
for the recruiting of the volunteer regiments of the State now in
service, are published for the infoi'mation and guidance of the com-
manders of armies in Virginia:

General Headquarters, Adjutant General's Office, Virginia,

Richmond, March HO, 186S.

Directions for executing the several laws calling out a force to fill up the vol-
unteer companies of Virginia now in service and for executing the proclamation
of the Governor calling out 40,000 militia :

1 . Officers commanding encampments of troops or places of rendezvous to which
the militia are ordered are authorized, if a sufBcient number do not volunteer to
fill up the companies from Virginia now in service to 100 each, rank and file, to
order a draft from the force so arriving sufficient for that purpose. As far as
practicable each militiaman is to be assigned to a company from the county, city,
or town from which he comes, or from the county, city, or town nearest thereto.

3. If at the time the new men are put into the old companies any man in such
old company shall refuse to re-enlist such man will be entitled to his discharge
when his term of service expires, and one of the new men shall be retained to
take his place.

3. The men so refusing to re-enlist will be reported to the adjutant-general of
the State, with their ages, residence, time of expiration of service, and the com-
pany and regiment to which they belong.

4. If the number of men constituting the militia force sent to the rendezvous
under the Governor's proclamation is not sufficient to fill up the companies now
in seivice to the prescribed standard, that fact will be reported to the adjutant-
general of the State, and the number deficient will be stated to afford data for a
new draft to fill up these companies.

5. Artillery companies equipped as light batteries of six pieces must not exceed
150 men. rank and file. When they contain not less than 120, rank and file, they
will be entitled to an additional second lieutenant.

6. All companies except artillery companies will have each a captaia and three
lieutenants.

7. The tei-m of service of militiamen, taking the place of volunteers refusing to
re-enlist, or who are put into the companies to fill them up to 100 each, will be for
three years, deducting therefrom any previous terms they may have served.

8. Any militiaman before he shall be mustered into the service of the Confed-
erate States will be allowed to furnish an able-bodied man, not liable to duty in
this or another State, well clothed, as his substitute ; but if a foreigner he must
have declared his intention of becoming a citizen of Virginia or of the Confed-
erate Government. , . , , ., ,

9. After the companies now in service are filled up, as herembefore prescribed,
and when new companies are formed by consolidating remnants of companies of
militia, they will be organized by being directed to elect their officers. Comman-
dants of encampments are authorized to detail suitable officers to superintend
these elections and see that they are fairly made. A majority of all the men on
the roll is required to make an election. After the election of company officers

1012 CORRESPONDENCE, ETC.

the superintendents of elections will report to the adjutant-general of the State
the names of those elected, the arm of service, regiment, and company for which
the election is made.

10. The commissioned company officers will be ordered in like manner to elect
the field oflBcers of their regiment or battalion where a battalion has not been
formed into a regiment, except the battalion of the provisional army of the State,
the officers of which are not to be elected.

11. The field officers of a regiment are to be one colonel, one lieutenant-colonel,
and one major.

13. Commandants of encampments are authorized to appoint a superintendent
for the election of field officers, who will return to the adjutant-general of the
State as soon as the election is made the names of the officers elected and the
regiment for which elected, with the arm of service.

By command of the Governor :

By order of General R. E. Lee :

WM. H. RICHARDSON,

Adjutant-Oeneral Virginia.

W. II. TAYLOR,

Assistant Adjutant- General.

Adjutant and Inspector General's Office,

Montgomery, Ala., March 22, 1862.
General Duff G. Green,

Quartermaster- General, Mobile :
General : I telegraphed yon this morning, under the instructions
of the Governor, to furnish no more clothing to any companies except
for cash. We have been forced to adopt tliis rule by the difficulties
the State has met with in the collections, resulting frequently from
the change of stations of companies and regiments ; the impossibility
of obtaining the information as to the time of tlieir payment; the
impossibility of following them on pickets and outposts where com-
panies and regiments sometimes remain a week at a time ; tlie death,
absence, or resignations of the officers who execute the commutation
receipts, and various other causes, such as captains getting drunk
and gambling off the commutation money. Then again the necessity
does not now exist which existed wheu the principle was adopted.
The Confederate Government had no clothing and our troops could
not be kept in the field without a supply from some quarter, and
there was no other source than the State. Now, the Confederate
authorities have, as they advise us, plenty of clothing, and to-day the
Governor received a letter from Mr. Benjamin saying that he would
send 5,000 suits, or rather clothing, for 5,000 men for our new levies.
He will be requested to send the amount required for 3,000 more.
The Confederacy has a right to issue clothing in the place of tlie
monej", and if the State depended on the commutation mone}'^ it
might be leaning on a broken staff. The men will get their bounty
money and can devote a portion of it to the purchase of clothing, and
if they don't choose to do this they must look to the Confederacy to
supply them, and the Confederacy is prepared with the clothing to
do it. If they get the clothing from the State it must be paid for.
We have $150,000 now outstanding, and shall have great trouble and
loss before one-half of it is ever collected. Have written in great
haste.

Very respectfully, your obedient servant,

GEORGE GOLDTHWAITE,
Adjutant and Itispector General, Alabama.

CONFEDERATE AUTHORITIES. 1013

Executive Department,
MiUedgevUle, Ga., March 22, 1862.
His Exoellency Jefferson Davis :

Dear Sir: I have the pleasure to inform you that in response to
your requisition on Georgia for twelve additional regiments of troops
she now tenders you thirteen regiments and three battalions. There
are six regiments and one battalion, which will, it is believed, soon
recruit to a regiment, at Camp McDonald; three regiments and a bat-
talion and one artillery company at Camp Stephens, and four regi-
ments and a battalion of nine companies, which will no doubt soon
be filled up as a regiment, at Camp Davis. I hope in a few days to
be able to report two regiments of cavalry. I tender all these troops
and ask that they be accepted for three years or the war. As the
State has much more than filled the requisition made upon her by
you through the Secretary of War, I have a request to make on my
own account and in behalf of some of these regiments. I am informed
that you have authorized Colonel Cobb to increase his legion to 5,000
men, and that you will probably permit him to take part of the regi-
ments which you demanded as the State's quota. In that case I
request you to extend the same privilege to Colonel Phillips, who
commands the other legion from this State known as Phillips' Legion,
and that you permit him to connect with his legion such regiments as
I have tendered beyond the quota which you required as desire to
join his legion. I believe every intelligent Georgian acquainted with
the two men will admit that it is no disparagement of Colonel Cobb
to say that Colonel Phillips is every way his equal as a military man.
In consideration of all the past I feel that this is but a reasonable
request, and trust you will not find it inconsistent with your sense of
justice to grant it.

I have the honor to be, very respectfully, your obedient servant,

JOSEPH E. BROWN.

State of Louisiana, Mayoralty of New Orleans,

City Hall, March 22, 1862.

RESOLUTIONS PASSED BY THE COMMON COUNCIL OF THE CITY OF

NEW ORLEANS.

Whereas, the New Orleans and Texas Railroad Company has been
fully organized for and is now engaged in the construction of its rail-
road from New Iberia, on Bayou Teche, to Orange, on the Sabine
River; and

Whereas, the completion of this link of road will give us railroad
connection with all parts of Middle, Central, and Southern Texas by
means of the railways already finished in that State, and thus open
to us an avenue through which we will be enabled to receive full and
constant supplies of meat and breadstuifs, not only for consumption
in this and neighboring cities, but an inexhaustible supply of beef to
subsist the armies of the Confederacy, both of which are considera-
tions of great moment at this time, as the contracting of our lines of
military defense in the West has to a great extent cut off our supplies
from that source ; and by the construction of this short railroad we
will become independent of the Northwest for a time for our supplies
of beef, &c. , Texas furnishing enough for the consumption of all the
cotton States; and

Whereas, the military importance of this road is superior to all

1014 CORRESPONDENCE, ETC.

large numbers of troops to this point or other places on the Mississippi
River at very short notice and furnish us with army supplies in greater
abundance and at cheaper rates than can be obtained from any other
source, this line of communication not being liable to attacks from
the enemy; as the whole line of sea-board south of it is a continual
sea marsh, perfectly impassable, and the rivers which it crosses
impracticable for gun-boats or other hostile craft, as they cannot be
entered by vessels drawing over three feet of water, hence this line of
road Avill bo better protected by nature than it could be by a cordon
of military posts, as they might be taken or avoided, but this sea
marsh is invulnerable. Without this road Texas is entirely isolated
from the balance of the Confederacy. With it she will be closely
annexed to it and add vastlj^ to its strength and resources and be the
means of furnishing us with very considerable war munitions which
are being received through Mexico and Texas ports, and which war
materials could be greatly increased in quantity if means of trans-
portation existed between the Sabine and the Opelousas Railroad,
which this road will furnish; and

Whereas, the construction of this railroad will undoubtedlj' furnish
the city of New Orleans and the Confederate Government a supply
of beef and other provisions at a saving on present cost of a sum
annually equal in amount to its estimated cost, and its existence as a
means of military transportation will be equivalent to an armj- of
50,000 men : Therefore be it

Resolved, That the New Orleans and Texas Railroad is a military
necessity of the first class, and its immediate construction of vital
importance to the best interests of the country, not onlj^ as an abso-
lute necessity for Louisiana and Texas, but also as a great national
want and as a line of military defense for the coasts of both States,
and means for tlie rapid transit of troops and army supplies.

Resolved, That we call the attention of the Louisiana delegation in
Congress to this matter and earnestly request them to press the imme-
diate consideration of the subject upon the Government at Richmond
and to use their influence and position in obtaining for this company
such assistance from the Confederate Government as it may requix-e
to enable it to prosecute its work to rapid completion, as we deem it
eminently entitled to such aid.

Resolved, That certified copies of this preamble and resolutions be
forwarded to our delegation in Congress and to the Secretary of War;
also a copy to the officers of the New Orleans and Texas Railroad
Companj'.

S. P. De LABARRE,
President j)ro teynpore Board of Aldennen.
JULES BENIT,
President 23rn tempore Board of Assistant Aldermen.

Approved March 20, 1802.

JOHN T. MONROE,

Mayor.

Executive Office,
Nei.v Orleans, March 25, 1802.
I approve fully the object of the foregoing resolutions, and i-ccom-
mend prompt actioii thereon b.^' the Confederate Congress on the
subject-matter.

TIIO. O. MOORE,

Governor of Louisiana.

CONFEDERATE AUTHOKITIES. 1015

Richmond, Va., March 22, 1862.
Hon. J. P. Benjamin,

Secretary of War:

Sir: In your letter to me explaining the transfer of my command
from that of Major-General Huger to that of Major-General Johnston
yon stated that the former reported my brigade as supernumerary in
his department.* I have heretofore asked the War Department, and
also General Iluger himself, for a copy of that report, in order that I
niight see in Avhat respect it affected my command or my reputation.
Failing as yet to obtain the copy requested, I respectfully reijeat the
reqiiest for it. If General Iluger made any representations respect-
ing my legion, I take occasion to say that he was and is wholly igno-
rant of its condition, either as to the number of men, their outfit and
equipments, or their discipline; and if upon his report it is contem-
plated to disband the legion as a distinctive and independent force,
such as General Lee decided it to be whilst serving under his orders
in Western Virginia, I desire to be allowed the privilege of being
heard on that point.

In the spring of 1861 1 was granted leave by the President to raise
2,000 men, and as soon as raised I was to be commissioned a brigadier-
general ; but before one man was mustered in the President, at his
own instance and solicitation, commissioned me and ordered me to
the Valley of Kanawha. He commissioned also one colonel, one
lieutenant-colonel, one major, one assistant adjutant-general, two
surgeons, two assistant surgeons, and one recruiting officer, and these
officers, without companies, battalions, or regiments, then constituted
my brigade. I was to raise not only a legionary force independent in
its character, but the brigade attached to it, and that was to consti-
tute my command. The forces attached were the Virginia State
troops in the district to which I was assigned, commanded by Colonel
Tompkins, and which were not then, in May, 1801, transferred to the
Confederate control; and this force then consisted of but GOO raw
volunteers. Mj' brigade, then, all told, Avas but the officers of my
legion named and the 600 State troops under Colonel Tompkins.
Could this constitute a brigade in June, 1861 ? The President and
Department so decided, and I took command and faithfully executed
it according to my commission. In raising men particularly it was
successful — eminently so, considering the disaffected state of Western
Virginia, the competing for recruits by General Floyd in Southwest-
ern Virginia, the shortness of time, and the very few facilities
afforded to Colonel Tompkins and myself. He raised his command
to about 1,800, and I mine to 2,850, from June to the middle of
August, 1861. He had two regiments and the legion had thirty-one
companies of "infantry (three regiments and one company for a
fourth), four companies of light artillery, with nine pieces fully
mounted and equipped, and eight companies of cavalry. These were
all organized and in actual service, and besides these were seven
companies under Colonel Tyler and five under Lieutenant-Colonel
Green, who had joined the legion but were not in the field, and several
moi'e ready to join — enough quite to make two additional regiments.
But there were forty-three companies of all arms in the field, and dis-
counting from their numbers all discharged, on leave, and in hospital,
I left at Camp Defiance, on Big Sewell, in September, 1801, about
2,450 most efficient men, and twelve companies besides elsewhere,

*See Benjamin to "Wise, Series I, Vol. IX, p. 164.

1016

makiug in all fifty-five companies, when I was ordered to transfer the
command to General Floyd.

By an imderstanding with General Lee in the west, and with the
President and yourself on my return to Richmond and recovery from
a protracted illness of eight weeks, the legion was to be restored to
me, except the companies raised in Western Virginia for its defense
who might elect to remain, and excepting one battery of light artillery.
Now, what has become of all this force of the legion ? Lieutenant-
Colonel Swank and Major Brown, of my third regiment, were super-
seded by Colonel Starke and Major Sweeney, and the ten companies
of that regiment taken for the defense of Western Virginia were sent
to South Carolina, and have since been moved back to Goldsborough,
N. C. One company (Captain Crane's) was disbanded. Captain
Wallace's company was put in its place, and that, too, has just been
disbanded. Five companies were sent to Georgia. Nineteen com-
panies of infantry were captured at Roanoke Island. Two companies
of light artillery have been detached and left under command of Gen-
eral Huger, and the term of service of one has expired and they are
out of service, and two companies of my second regiment, the Fifty-
ninth Virginia Volunteers, have been left in hospital at Lewisburg,
and the term of one company of caA'alry has expired, and it is out of
service. I have, without consulting me, been deprived of fortj'-two
companies out of fifty-five, and yet have sixteen companies left, three
new companies having organized and joined me before and since the
affair at Roanoke Island, besides having filled up several companies
on parole with new and additional men. The legion still has nine
companies of cavaliy under Colonel Davis, five of infantry under
Lieutenant-Colonel Richardson, and two under Colonel Tyler, subject
to my orders, besides the two companies of my second regiment at
Lewisburg, still under orders to join me, under Colonel Henningsen,
and tlie two companies and five pieces of artillery at Great Bridge, in
the department of General Huger, and besides the ten companies of
my third regiment at Goldsborough, N. C. Eighteen companies are
still under my orders, numbering nearly 1,200 men, and I claim that
twelve ought, according to promise, to be restored to me, numbering
about 800 more, making the original number of 2,000 men; and I ask
the question most respectfully, how the legion can be adjudged super-
numerary in March, 1862, with a full organization, and from 1,200 to
2,000 men belonging to it, when in June, 1861, it was made a brigade
with but eight officers and not one man, company, battalion, or regi-
ment, and with but 600 State volunteers attached to it?

I respectfully submit this general statement of facts Jind this view
of legal and logical deductions in order to have the full force of my
legion restored to my command and to preserve its existence as a dis-
tinctive and independent force. I beg that this all may be referred
to General Lee and then to the President, in order that I may have a
decision on the questions — first. Shall the forces of my legion be
restored to me? If not, may I be allowed to recruit it to its full com-
plement? Or as a legion and originally constituted, is it to be dis-
banded? I ask for an early reference and decision, and am,
Very respectfully, your obedient servant,*

HENRY A. WISE,

Br igadier- General.

*See Wise to Randolph, Series I, Vol. IX, p. 422.

confederate authorities. 1017

Confederate States of America, War Department,

Richmond, March 22, 1862.
Messrs. John Fraser & Co.,

Charleston :
Gentlemen : I sent you dispatch that the Government desired to
take the Economist at £15,000, and wrote that we would take £12,000
for the Gladiator. As soon as we hear whether these proposals are
accepted remittance will be made of amount due. I have now to
request that you assume control of the cargo of the Southwick, which
must be in Nassau now, in the same manner as you did for the Glad-
iator. By our letters the Southwick was to leave for Nassau only five
daj-^s after the Economist, and was to stop at Nassau for orders. If
she meets Mr. Heyliger there he will probably have assumed control.
If deemed expedient she might attempt to run the blockade without
breaking bulk, but not knowing what her speed is, I dare not give
any orders. If, therefore, you are willing to assume control of her
and will exercise your own judgment as to the best mode of getting
in her cargo, whether by running in or breaking bulk into small steam-
ers, I shall be greatly indebted to you. You have been so fortunate
in your various attempts that I have the fullest confidence in your
judgment and prudence and in the agents you have selected. I inclose
a letter for Mr. Heyliger, whose advices, per Cecile, are just now at
hand, informing him of my request to you and authorizing him to act
as agent for the Government in regard to the Southwick in any mat-
ters that may occur in Nassau. I also inclose a letter for Capt. Caleb
Huse, which please forward.

I am, yours, respectfully,

J. P. BENJAMIN,
Acting Secretary of War.

[iDClosnroNo. 1.]

Confederate States of America, War Department,

Richnond, Va., March 22, 1862.
Louis Heyliger, Esq.,

Nassau, New Providence:

Dear Sir: I have just received your letter per Cecile, seventeen
days after her departure. You will be gratified to learn of the safe
arrival of the Economist with a full cargo, and we have every reason
to hope that the Southwick with another cargo is now in Nassau. I
hereby authorize you to act in all matters as agent of the Government
in regard to the Southwick and her cargo as you have done for the
Gladiator with so much success. I have requested Messrs. John Fraser
& Co. to act in introducing the cargo as they did with the Gladiator.
You will consult with their agent and determine whether it is best to
send the vessel to one of our ports or to break bulk and ship the
cargo in parts, as was done with the Gladiator. I feel that at this
distance it is much safer to intrust the decision of such a question to
discreet and reliable agents on the spot rather than attempt to con-
trol by positive orders.

Your settlement with Captain Bird is approved, and arrangements
have been made with Messrs. John Fraser & Co. for the payment. I
have, however, offered them the Gladiator as she lies in Nassau at
£12,000, and I hope they will take her, as I am sure we will not be
able to use her again, as she will be a marked vessel and the enemy
will keep a strict watch on her movements. As soon as the cargo of

1018 CORRESPONDENCE, ETC.

the South wick is cleared from Nassau your services there will no
longer be required, and you will be at liberty to return home by the
first convenient opportunity, and I hope to be able to take advantage
of your kind offers of service in some other sphere. I am now, as
you will see by my signature, merely Acting Secretary of War, hav-
ing been assigned by the President in the organization of his perma-
nent Cabinet to the post of Secretary of State. Your friends are all
well and unite in remembrances of kind regard.
Yours, very truly,

J. P. BENJAMIN,
Acting Secretary of War..

[IncloBuro jfo. 2.]

Confederate States of America, War Department,

Richmond, March 22, 1862.
Capt. Caleb IltiSE,

lAverpool:
Sir: In mj' letter of the 10th instant I omitted to say that the
Surgeon-General had requested Mr. A. C. Evans, of London, to make
purchase of certain drugs and medicinal supplies, to be forwarded to
us. I beg you will put yourself in communication with Mr. Evans,
and provide the funds to the extent of £20,000 for medicinal supplies
purchased by him, and forward these supplies with any others that
you may send forward. I again repeat, send us small-arms and pow-
der or saltpeter, to neglect of everything else, if necessary. We
find such difficulty in sending bills abroad that the Secretarj"- of the
Treasury is shipping cotton as a remittance. It will go to Messrs.
Fraser, Trenholm & Co. , and if we can find means of getting it out
will have no difficulty in keeping a large cash fund in Europe.
Your obedient servant,

J. P. BENJAMIN,
Acting Secretary of War.

P. S. — I assume control of the State Department in a day or two,
and sign myself Acting Secretary till General G. W. Randolph, the
new Secretary of War, takes his place.

Dispatch No. 11.] Havana, March 22, 1862.

Hon. J. P. Benjamin,

Secretary of War, Richmond:
Sir : Our recent reverses in Tennessee and on the sea-coast, magni-
fied by the Northern press, have had a tendency to create doubt in
the minds of our foreign friends here as to our ultimate success. I
have resisted with all my power this ridiculous fear of the timid. I'lie
tone of the Havana press, though still in our favor, has been some-
what modified since our defeat at Fort Donelson. The authorities,
however, are unchanged, and a Confederate victory, the annonnce-
ment of whicli I confidently expect by the next arrival, will fully
reassure our friends. I have kept our ministers and agents in Europe
fully advised as to the condition of the blockade, and have forwarded
printed lists of the vessels which have arrived here from Confederate
ports to the 1st instant, since which time there have been fewer

CONFEDERATE AUTHORITIES. 1019

arrivals than during any previous twenty daj's foi' the past, four
months, and I hear of more captures. This may trammel me some-
what in my efforts to interest capitalists in our trade. I shall, how-
ever, be unceasing in my exertions, and hope to keep up the interest.
I have the honor to inclose herewith a copy of my note to His
Excellencj' the Captain-General, explaining why Mr. Yancey did not
call on him, Avith a translation of his reply, and respectfully request
that 5'ou will cause Mr. Yancey to be furnished Avith a copy of this
correspondence, as he no doubt feels some interest in the matter. I
have received but one dispatch from the Department since my arrival
at Havana, the date of which is November 21, 1861. I must therefore
beg that you will acknowledge the receipt of such of my communica-
tions as have reached the Department, that I may forward duplicates
of siich as may have been lost on the way, if any. I would also verj'
lespectfully request that you make such suggestions as to my further
duties here as may occur to you.

I have the honor to be, with great respect, your obedient servant,

CH. J. HELM. ■

[Inclosure No. 1.]

Havana, March 6, 1862.

His Excellency the Captain-General Don Francisco Seerano,

Superior Governor of Cuba, &c.:

Sir: The Hon. William L. Yancey, late commissioner to England
and France from the Confederate States of America, arrived at this
city on the 23d ultimo, and was desirous of calling on Your Excellency
to pay his respects and renew his acknowledgments for the courtesy
extended to him and Judge Rost by you when passing through Havana
en route for Europe ; but being informed by me that you had been
recently much annoyed by the misrepresentations of anonymous, irre-
sponsible newspaper scribblers, desired me to say delicacy alone
pi-ompted his departure without the gratification of a personal inter-
view. In this connection permit me to say that the same reason has
prevented my calling to congratulate Your Excellency on youi' recent
promotion, which I heard with infinite pleasure.

I am, sir, with verj"^ great respect, your friend and obedient servant,

CH. J. HELM.

[Inclosure No. 2 Translation of tlie Captaiu-General's reply.]

Charles J. Helm, Esq. :

Dear Sir: Your esteemed favor of the 3d [5th] instant has been
received, in Avhich you state Mr. William L. Yancey's reasons for not
honoring me Avith a visit in passing through this city on his return
from his voyage to Europe. I am exceedingly grateful for the noble
sentiment which prevented him from seeing me, but I give little im-
portance to the unjust murmurs of those AA^ho think they sec in simple
acts of politeness a political meaning which they neither have nor
can have. Mr. Yancey would have been perfectly well received, as
Avill all those Avho shoAA' me any attention of that kind, and as you
yourself Avill always be whenever you choose to favor me with your
presence. I return you my thanks for your felicitations, and take
pleasure in repeating to you that I am ever your attentiA^e friend and

servant,

FRANCISCO SERRANO.

1020 CORRESPONDENCE, ETC.

AN ACT to provide for the further defense of the hay of Mohile and the

Alabama River.

The Congress of the Confederate States of America do enact, That
the sum of $1,200,000 is hereby appropriated for the further defense
of the bay of Mobile, and the Alabama River, to be expended, at the
discretion of the President, by the Secretary of the Navy; and that
the disbursement of said money shall be made in the manner provided
by law for appropriations for the Navy.

'Sec. 2. Be it further enated, That the President is hereby author-
ized to raise a corps for the temporarj-^ and special service provided
for in the first section of this act in the bay of Mobile and tlie Ala-
bama River, consisting of a number of men not exceeding G,000, and
of such commissioned and non-commissioned officers, and of such rank
as the President may deem necessary, who shall severally receive
sneli pay and allowances as he may determine.
Approved March 24, 1862.

General Orders, ) War Department,

V Adjt. and Insp. General's Office,
No. 16. ) Richmond, March H, 1862.

All leaves of absence and furloughs, from whatever source obtained,
are revoked ; and officers and men absent from dutj', except on sur-
geon's certificate of disability, will return at once to their respective
commands. It is with extreme reluctance that the Department adopts
a measure which deprives our patriotic soldiers of the relaxation they
have so well earned, but the enemy presses on every side, and the
necessities of the service demand new illustrations of that noble self-
denial which has been so many times evinced since the commence-
ment of our struggle for independence. The furloughs of all who
have engaged for the war, which are thus curtailed, will be extended
hereafter when circumstances permit. But judging from the past,
no fears are entertained of an vxnwilling response to this call. Those
who have so many times jjroved their devotion to their country can-
not be indifferent or backward in this hoiir of her greatest need.

By order of the President:

S. COOPER,
Adjutant and Inspector General.

Orders) IIdqrs. Louisiana Militia, Adjt. Gen.'s Office,
No. 426. j New Orleans, March 2J^, 1S62.

I. The Governor and commander-in-chief, relying implicitly upon
the loyalty of the free native colored population of the city and State
for the protection of their homes, their property, and for Southern
rights from the pollution of a ruthless invader, and believing that tlie
military organization which existed prior to the 15th of February,
1862, and elicited praise and respect from the patriotic motives whi(;h
prompted it, should exist for and during the war, calls upon them to
maintain their organization, and to hold themselves jirepared for such
orders as may be transmitted to them.

II. The colonel commanding will report the organization without
delay to Maj. Gen. John L. Lewis, commanding State militia.

By order of Thomas O. Moore, Governor and commander-in-chief:

M. GRIVOT,
Adjutant and Inspector General.

confederate authorities. 1021

Executive Department,

Richmond, Va., March 25, 1862.
To the House of Representatives of the Confederate States:
In answer to j^our resolution of the 21st instant, calling upon the
President for information in regard to the protection of our principal
cities from ii-on-plated vessels by means of obstructions and sub-
marine batteries, and whether any additional appropriations are
needed for these objects, I have to state generally that the channels
of approach to our principal cities have been and are being obstructec'
according to the means at hand ; that submarine batteries have been
and are being prepared, and that no additional appropriations for
these objects are considered to be needed. Until recently the charac-
ter of the enemy's iron-plated vessels was not well enough known to
arrange obstructions speciallj' for them, but the same principle obtains
and tlie obstructions already prejjared can be strengthened when
necessary. For the want of insulated wire we are deprived of that
class of submarine batteries exploded at will by electricity, which
promises the best results. Experiments upon several kinds of such
as are exploded by impact have been in progress since an early i)eriod
of the war. These torpedoes can be rendered harmless by the enemy
in most cases by setting adrift floating bodies to explode them, as is
• said to have been done on the Mississippi River, and as they cannot
be put in place so long as all the channels are required for use by our
own boats no great degree of importance is attached to them. They
may serve, however, to gain time by making the enemy more cautious;
and most of our sea-coast defenses have already received, or will as
soon as practicable receive, a certain supply of them.

JEFF'N DAVIS.

AN ACT to provide a staff and clerical force for any general who may be assigned
by the President to duty at the seat of Government.

The Congress of the Confederate States of America do enact, That
wlienever the President shall assign a general to duty at the seat of
Government, the said general shall be entitled to the following staff,
to wit: A militaiy secretary, with the rank of colonel; four aides-de-
camp, with the rank of major; and such clerks, not to exceed four in
number, as the President shall, from time to time, authorize. The
paj' and allowance of the military secretary and aides-de-camp shall
be the same as those of officers of cavalry of like grade; and the
salaries of the clerks shall not exceed $1,200 per annum for each.
Such offices, office furniture, fuel and stationery, shall be provided
for the said general as the duties of his office may i-ender necessary,
to be paid for out of the appropriation for the contingent expenses of
the AVar Department.

Approved March 25, 1862.

Executive Department,

March 25, 1862.

Gentlemen of the Senate and House of Delegates:

Reports are now coming in from the boards of exemption created
by j^our act of the 18th day of February last, and the results they
exhibit are absolutely startling. The number exempt on account of
physical disability indicates that family physicians are not the proper
persons to grant certificates. Family associations and friendships

1022

induce too much leniency, and the facility of obtaining certificates
for disability invites applications for this cause, which would other-
wise never have been made. One thing that has tended more than
all others to produce these results is that each man who desires to
procure exemption is permitted to seek the physicians ho deems most
facile to grant certificates, and by paying them fees for examination
a mere nominal and verbal examination is made, instead of a thorough
medical inspection. In some places the fee is $5, in others $10, and
in some cases, as I have been informed, the applicant was not even
required to appear before the board in person. I recommend, there-
fore, that these exemptions shall not be respected, and that you repeal
your late law on this subject. Let a surgeon be designated before
they are mustered into service, who shall not receive fees for certifi-
cates of disability. If they are found after proper scrutiny to be
unable to perform military duty, they can be discharged and permitted
to return to their homes. There is another serious objection to the
law as it now stands. By far the greater proportion of the burden of
the military service is thrown upon the farming and planting inter-
ests of the State. I am well satisfied that such was not the intention,
but yet it is undeniable that such has been the result. The mechan-
ics— tanners, shoemakers, blacksmiths, wagon makers, lumbermen —
and manufacturers, who are realizing large profits, the employes on rail-
roads, canals, telegraphs, and various other branches of industry are
exempted. The successful prosecution of these jnirsuits and various
branches of business requires that exemptions shall be made, but it
seems to me there can be no necessity for so lai'ge a number of exemp-
tions as have been made. The exemptions in some places have been
equivalent to the dismissal of almost the whole militia in those coun-
ties. I think it is certain now that the number we shall receive under
the call of the 10th instant will not exceed, if indeed it shall reach,
30,000 men. The number called for by the President was 40,000, and
we have most pressing need for that or even a larger number. A
word more on a kindred subject. General Holmes, commanding the
Fredericksburg division of the army, has suggested to me in a late
letter that it would be advisable to organize boards of officers for the
examination of candidates for field officers, and if upon examination
they were found deficient in the requisite qualifications for the posi-
tions to which they aspired the facts should be certified to the Execu-
tive, and no such person should be commissioned. He feels great
solicitude lest the elective feature should operate prejudicially to the
service, and such I know to be the feeling of other of our most dis-
tinguished generals in the field. I am well aware-that it Is now too
late to change the elective feature, but at the same time I feel per-
suaded you will throw around it such safeguards as will relievo the
api)reliensions of our commanders and secure competent and efficient
officers for the service.

JOHN LETCHER.

Richmond, March 25, 1862.
Hon. George W. Randolph,

Secretary of War:
Sir: As requested, I now make to you the following commxinieation
in writing: A connection between tlie Richmond and Danville Rail-
road and the railroads of North Carolina can be made at points exactly
midway between Danville and Richmond and nearly midway between
Raleigh and Weldon by completing the extension of the Roanoke

CONFEDERATE AUTHOUITIES. 1023

Valley Railroad between Keysville and Clarksville, it is confidently
believed, in less time and at less cost than can be done by any other
means, while no other practicable means of connection will be at all as
eflfeetiial or as useful for transportation. The greater part of the work
on the extended railroad from Clarksville to Keysville has been already
done. The whole distance is thirty miles. The grading and masonry
on tlie line from Keysville southward have been completed for ten
miles, and three miles and three quarters of the track at that end has
been laid with iron and is now ready for use. The grading and
masonry on two miles from Clarksville northward, including the abut-
ments and piers of the bridge across the Roanoke River, built of sub-
stantial rock masonry, and the heavy embankments across the valley
of the Roanoke, have also been completed. This leaves only eighteen
miles of the whole line on which the grading and masonry are now to be
finished. This part of the line has been cleared and grubbed out, and
is stated to be the least difficult part of the work, requiring very few
culverts, not perhaps more than two of any size, and the grading at
no place lieavy. The sills are procured and placed at convenient
points along the line for the whole distance. If the iron required to
complete the line was furnished and a sufficient force supplied, it is
believed that an active and competent agent might complete the whole
work so as to have it ready for use in thirty or at most in sixty days
from the time it was fairly commenced. The cost of completing it
would be principally that of the iron required, and it is understood
that it may be had on reasonable terms. The Roanoke Valley Rail-
road— which is in operation from Clarksville to Ridgeway, in North
Carolina, on the Raleigh and Gaston Railroad — and the Richmond and
Danville Railroad Companies would furnish the rolling stock for the
road as soon as it is completed and ready for use, or for any part of it
southAvard from Keysville, whenever such part is completed and its
use required by the Government. The Roanoke Valley Railroad Com-
panj', which has full powers for executing the work, will use those
jjowers for the purpose, under the direction and control of the Gov-
ernment of the Confederate States, or of any department thereof, in
any way which maybe required, so that no delay need occiir for legis-
lation or contract; and the company will be willing and are ready at
once to execute to the Government its bonds for any sum expended in
the completion of the work, which bonds have been already prepared
and only require to be filled up and executed, and are secured by a
mortgage on the whole railroad from Keysville to Ridgeway, a dis-
tance of fifty-two miles, and all the other works and property of the
companj', worth, it is believed, more than three times the amount of
any such sum, after discharging the prior liens to which the property
is .subject. It is respectfully submitted that this is a work of great
importance to the Government at this time especially, and that it
ought to be undertaken and completed by the Government itself as
speedilj' as possible; that it should not be left to the control of any
o1 her railroad company than the Roanoke Valley Railroad Company,
and especially not to that of the Raleigh and Gaston Railroad Com-
pany, who propose to purchase it, and whose peculiar interests, at any
event, would be to defer its completion as long as possible, or defeat
it altogether.

With high respect and esteem, yours, &c.,

TIIO. T. GILES.

P. S. — Since the foregoing Avas written I have been informed that
the station-houses along the extended railroad have been also com-

1024 CORKESPONUENCE, ETC.

pleted. A communication was lately addressed to the President by
Henry Wood, esq., president of the Roanoke Valley Railroad Com-
pany, on this subject, which was referred by the President to your
predecessor, and by him referred to the Quartermaster-General.* If
that communication is called for and examined it will be found to set
forth the facts herein communicated in a more authoritative and more
particular manner than is herein done. It is understood that some
steps are now being taken, or at least that it has been contemplated
by the Department, to build boats to form a connection by means of
the Staunton and Roanoke Rivers, or to construct a plank road for
that purpose. It is confidently believed that neither of these schemes
would be at all effectual, the navigation of the rivers being bad at all
times, and for a considerable portion of the year nearly or quite
impracticable, and a plank road destroyed in our climate by heavy
transportation over it almost as speedily as it is built, while either
scheme would probably cost more in time and money than the com-
pletion of the railroad, with no prospect even of any return of the
money to the Government. In view of these considerations it is sub-
mitted that any such schemes, if about to be undertaken, should be
at once abandoned and immediate steps taken to complete the rail-
road. This may be done by accepting the offer of the bonds of the
Roanoke Valley Railroad Company; sending an officer at once to
impress a sufficient number of hands for the work in the counties of
Charlotte, Prince Edward, Lunenburg, Brunswick, and Halifax, where
they can readily be obtained and will in many instances be cheerfully
furni.shed; appointing an active and competent agent to superintend
them, and by having the iron procured, as it is believed it may now
be, in Norfolk and sent to the points required. I will furnish any
other information or give any aid I can to the execution of the work.

T. T. G.

War Department,
Richmond; Va., March 26, 1862.

I. The following regulations are adopted in place of Medical Regu-
lations, paragraphs 2 to 6, inclusive, and General Regulations, para-
graphs 1151 to 1165, inclusive, and will be obeyed accordingly:

1. An army corps or military department will have a medical officer
assigned as medical director, who will have the general control of the
medical officers and hospital.

2- A division will have a medical officer assigned^ on the recommen-
dation of the medical director, as chief surgeon; or the senior medical
officer of the division, on the same recommendation, will be relieved
from i-egimental duty, and placed in general charge as chief surgeon
of division.

3. A brigade will be under the general medical charge of the senior
surgeon of brigade, who will not be relieved from regimental duty.

4. Medical directors, chief surgeons of divisions, and senior sur-
geons of brigades, will inspect the hospitals of their commands, and
see that the rules and regulations are enforced, and the duties of the
surgeons and assistant surgeons are properly performed.

5. They will examine the case books, prescription and diet books,
and ascertain the nature of diseases which may have prevailed, and
their probable causes ; recommend the best method of prevention, and

*SeeMarch7,p, 1036,

CONFEDERATE AUTHORITIES. 1025

also make such suggestions relative to the situation, construction,
and economy of the hospitals, and to the police of the camps, as may
appear necessary for the benefit and comfort of the sick and the good
of the service.

6. Senior surgeons of brigades will receive the monthly reports of
sick and wounded (Form 1) required from the medical officers, and
transmit them through the chief surgeon of division to the medical
director.

7. The medical director will make to the Surgeon-General a consoli-
dated monthly report of the sick and wounded from the monthly
reports of the medical officers of the command.

8. Chief surgeons of divisions and senior surgeons of brigades will
see that the quarterly reports of sick and wounded, and monthly
statements of hospital fund required from the medical officers are
transmitted to the Surgeon-General.

9. Senior surgeons of brigades will make to the chief surgeons of
divisions, and chief surgeons of divisions will make to the medical
director, monthly returns of the medical officers of their commands
(Form 2).

10. The medical director will make to the Surgeon-General a monthly
return of the medical officers of the command.

11. Medical officers, heretofore styled medical directors, who do not
come within the meaning of the first of the above regulations, will be
designated, as the case may be, in accordance with the second or third
regulation ; and medical offtcers, heretofore called brigade surgeons, if
not attached to regiments, will be assigned to regiments not provided
with surgeons.

GEO. W. RANDOLPH,

Secretary of War.

Confederate States of America,
Quartermaster-General's Department,

Eichmond, March 26, 1862.
The President:

Sir: The Secretary of War has referred to me a letter addressed to
you by Mr. Henry Wood, president of the Roanoke Valley Railroad
Company, to which I have given careful consideration. In reference
to the subject to which that communication relates I have the honor
to submit the following statement, based upon examination and
inquiries instituted by my direction with a view to obtain reliable
information in i-egard to the most advantageous route for a line
of transportation between the railroads of Virginia and North Caro-
lina: The track of the Roanoke Valley Railroad and all the bridges
upon its line are in very bad condition. The rolling-stock of the
company consists of only two engines and five or six cars, all of
which are represented to be in bad order. The affairs of the com-
pany are much embarrassed, the road being under mortgage and
unable to pay the interest upon its bonds, its earnings being barely
sufficient to meet current expenses. Its condition in this respect
may be worthy of consideration in connection witli the proposition
of Mr. Wood that the Government should complete the entire line of
that road. It is submitted that there exists at this time no public
necessity for the construction of the Keysville connection, and
that if made it might soon become entirely useless in view of the

60 R R— series IV, VOL I

1026 COEEESPONDENCE, ETC.

possible results of the enemy's movements in North Carolina, for
should Raleigh be taken the connection thus established would be
cut off. Should Weldon fall Into the hands of the enemy there would
still be a connection by way of Gaston, and a river route by way of
Clarksville, in regard to which last it may be remarked that with
forty boats suitable for the navigation of the Dan more transporta-
tion can be carried than will or can be taken from the junction to
Clarksville. The Danville route by the way of Haw River and New's
Ferry or Barksdale, it is estimated, can be constructed in less time
than the connection between Clarksville and Keysville. This route
will not be more than ten miles longer, is not difficult of construction,
being free from rock, and will require neither bridges nor culverts
except a single bridge over the Dan River. It will, moreover, be at
least fifty miles above Raleigh. In reference to the military reasons
which bear upon this subject it will be perceived that if the enemy
take Wilmington or Goldsborough, the main line of railway through
North Carolina will be cut off. If Raleigh be captured the connec-
tion by Gaston to Petersburg Avill no longer be available, nor will
that by way of Clarksville and the river route. But if the Danville
road be extended before the connection thus established can be
endangered, the enemy Avill be obliged to penetrate through a hilly
and broken country into the Interior fifty miles west of Raleigh. It
is proper to state that arrangements have already been made for
both water and land transportation from Clarksville to South Boston
on the Dan, which will be amply sufficient to forward all freights
which can be brought to the former place. Should the enemy's move-
ments endanger this route or require its abandonment, the line of
wagons can be transferred so as to establish immediately transporta-
tion between the Danville and North Carolina railroads, thus pre-
venting a serious interruption of communication. I respectfully
return herewith the letter of Mr. Wood.
I have the honor to be, sir, very respectfully, your obedient servant,

A. C. MYERS,
Quartermaster- General.

[Inclosure.]

Office of the Roanoke Valley Railroad Company,

Clarksville, March 7, 1862.
His Excellency Jefferson Davis,

President of the Confederate States of America :
The following statement of facts is respectfully submitted to Your
Excellency as information believed to be valuable to the Government
of the Confederate States : The Roanoke Valley Railroad is com-
pleted from the town of Clarksville, in Virginia, to the Raleigh and
Gaston Railroad at Ridgeway, in North Carolina. Under an act of
the General Assembly of Virginia the Roanoke Valley Railroad
Company commenced the work of extending their road to a place
called Keysville, one of the depots on the Richmond and Danville
Railroad, in the county of Charlotte, in this State, thus to connect by
this route the railroads of North Carolina and of the other Southern
States with the Richmond and Danville Railroad at the said depot,
which is almost exactly midway between the city of Richmond and
the town of Danville. Reference to any good railroad map of Vir-
ginia and North Carolina will afford a better view of the connec-
tion and the facilities for transportation afforded by it than any

CONFEDERATE AUTHORITIES. 1027

written description could give, and such reference is respectfully
asked. The entire work of the proposed extension was under con-
tract and was progressing satisfactorily, and a very large portion of
it was actually done, when the present war began and the company
was thereby compelled to suspend the operations on it. At that time
ten miles of the road next to KeysvIUe had been graded and was ready
to receive the superstructure, and three miles and three-quarters of
the rails actually laid on that part. Two miles of the road next to
Clarksville had also been graded, and all the masonry for the bridge
across the Roanoke River at that part of the line, reaching 1,200 feet,
and the only costly work on the whole line, was completed. The
whole residue of the line not so graded had been grubbed and cleared,
and all the cross-ties for the whole track had been delivered along the
line ready for use. The whole line is thirty miles in extent. It will
be seen, therefore, that to complete the entire line, and thus unite the
Richmond and Danville Railroad to the railroads in North Carolina
and south of it, along this line, nearly central between Richmond and
Danville, will only require about eighteen miles of grading to be done,
which is all of light character and requiring very little, if any, masonry,
the superstructure of the bridge over the Roanoke River to be erected,
and the iron to be procured and laid on twenty-six miles and a quarter
of the road. The Richmond and Danville and the Roanoke Valley
Railroad Companies can furnish the rolling-stock necessary for run-
ning the road the moment it is ready, and it is confidently believed
that the whole work which remains to be done can be completed and
the railroad put into actual operation by the Government in a few
months. It is understood that the Government is now contemplating
the construction of a plank road from Clarksville to some point on the
Richmond and Danville Railroad, mth a view to the proposed connec-
tion by that means. No doubt is entertained that the connection can
be made by completing the proposed railroad as suggested with as
much facility and at very little, if any, more cost than the plank road
connection and with the great advantage of railroad transportation.
The Government seems already aware of the advantages of this connec-
tion in a military point of view, and a glance at the map of the coun-
try would sufficiently demonstrate it. This representation is made on
behalf of the Roanoke Valley Railroad Company, who will co-operate
in any manner the Government may desire, or acquiesce in any means
which may be adopted for the execution of the work.
Very respectfully, your obedient servant,

HENRY WOOD,
President of Roanoke Valley Railroad Company.

Confederate States of America, War Department,

Richmond, March 27, 1862.
Hon. C. G. Memminger,

Secretary of the Treasury :
Sir: I have the honor to acknowledge the receipt of your letter of
the 27th of March. I fully understand the necessity which requires
the use of bonds instead of Treasury notes so far as possible in meet-
ing the current expenses of the Army, and shall be glad to co-operate
with your suggestion so far as I may be able. You omitted to inform
me what portion of the outstanding requisitions for Texas mentioned
in my note of the 26th you could furnish at present, and within what

1028 CORRESPONDENCE, ETC.

time you could probably furnish the balance. The Governor of Texas
is so urgent in this matter that he has sent an express messenger for
the purpose, who is awaiting my reply, and his own letter clearly
indicates the necessity that some remittances should be made to that
State as early as possible. Will you be good enough, therefore, to
furnish me with an early reply. If you could send but a fair propor-
tion in Treasury notes the remainder might, for the present, at least,
be sent in bonds. I desire, if possible, to send a portion at least of
the requisition by the hands of the Governor's messenger.
Respectfully,

GEO. W. RANDOLPH,

Secretary of War.

General Orders, ) War Department,

V Adjt. and Insp. General's Office,
No. 17. ) Richmond, March 27, 1862.

The following orders are published for the direction and guidance
of all concerned:

I. Hereafter the rank and file of the Army will not be permitted to
carry other side-arms than those issued by the Government, or such
as are appropriate to their arm of service. All side-arms now borne
by dismounted troops will be turned in to the Ordnance Department,
for which a fair value will be paid.

II. All requisitions made upon the Ordnance Department for a new
issue of arms, accouterments, or equipments must be accompanied
by evidence that such articles previously issued have been condemned
by a board of survey and turned over to the nearest ordnance officer
before a new issue can be made.

III. Officers, other than commanding generals, are prohibited from
sending officers to the seat of government for transaction of business
in person, as it may be done by correspondence.

IV. All company commanders, commanding officers of battalions,
and other officers having charge of clothing, camp and garrison equi-
page, or other quartermaster's property, are required to make a
retiirn of the same to the Quartermaster-General at the expiration of
each quarter, showing the receipts and issues during tne quarter, and
the balance on hand at the expiration of the quarter. This rule will
also be observed with regard to the returns required by the Ordnance
Department.

By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Executive Department,
Montgomery, Ala., March 27, 1862.
Hon. G. W. Randolph,

Secretary of War, Richmond:
Sir: Under the requisition upon this State for twelve war regiments
a camp of instruction has been located at Tuscaloosa, to which some
companies have already been ordered, and at which from 1,200 to
1,500 troops Avill probably rendezvous. I would respectfully suggest
that it is of the first importance that the earliest possible arrange-
ments should be made for the payment of the bounty money to the

CONFEDERATE AUTHORITIES. 1029

companies as mustered into service, as well as for the necessary sup-
plies of clothing, tents, camp eqxiipage, and subsistence. I have
deemed it not improper to direct your particular attention to these
points, from the fact that many of our companies already in camp
and mustered into service have not yet i-eeeived their bounty money,
and in many instances are unprovided with tents, axes, camp-kettles,
and blankets — some of them almost without clothing. I need not
say that the effect Ivas been not only to delay the completion of the
requisition, but greatly to depress the spirit of volunteering with
our people. The Confederate quartermaster at this point has exerted
himself to the utmost to supply these deficiencies, but is unable to
procure the materials for tents, &c. , in sufficient quantities to supply
the demand for the different camps. At Tuscaloosa tlie material for
tents can speedily be manufactured, subsistence purchased at reason-
able rates, and probably a sufficient supply of camp equipage obtained.
If Captain Griswold, the acting quartermaster in command of the
post at Tuscaloosa, is at once authorized to contract for tents, subsist
tlie troops, and pay the bounty money, it will tend much to advance
the public interests and facilitate matters at that point. I would also
suggest that as the facilities for the communication of Tuscaloosa
with Mobile are greater than with this place, that the funds for the
purposes referred to be procured from the Government depository at
tluit point, rather than from the quartermaster's department here.
I have the honor to be, &c. , very respectfully, your obedient servant,

J NO. GILL SHORTER.

Richmond, March 27, 1862.
General W. H. Richardson,

Adjutant-General of Virginia:
General : In answer to your communication of yesterday and the
following resolution of the Virginia Assembly therein inclosed —

Resolved. That the Governor be, and he is hereby, requested to communicate
to the General Assembly, if he is informed, and if he is not to ascertain in the
promptest way for the purpose of communicating, how many troops of all arms
have engaged for three years or the war in the Confederate service from this
State—

I am directed by the Adjutant and Inspector General to say that he
regrets the information asked for cannot be given more fully, the
returns thus far received being very meager. The records of this
Department furnish the following statement:

'^ Men.

First five companies composing a battalion - - 370

Companies of artillery for the war organized prior to January 1 — 350

New companies of artillery recently organized (nine) - - - 957

New companies of infantiy recently organized (three) . . . . 220

New companies of cavalry recently organized (two) 154

Re-enlisted - '^'^qs

Recruits for old companies - 495

Total-. ---- 3,801

It is known unofficially that a large number of men have re-enlisted
and many new companies have been organized who have not yet been
reported to this office.

Respectfully, &c.,

* V. I). GRONER,

Acting Assistant Adjutant- Generol.

1030 CORRESPONDENCE, ETC.

AN ACT to authorize the organization of ten or more companies of rangers,

passed March 27, 1862.

Be it enacted by the General Assembly, That the Governor of this
Commonwealth be, and he is hereby, authorized to commission ten or
more captains, and not exceeding twenty, and twenty or more lieuten-
ants, and not exceeding forty, citizens of the counties in this Com-
monwealth now in possession of the eneraj', with authority to raise
ten or more companies, and not exceeding twenty, of 100 men each,
to be composed exclusively of men whose homes are in the districts
overrun by the public enemy, within the limits of said counties, who
shall enlist for twelve months in the service of this Commonwealth to
act as rangers and scouts on our exposed frontier near the lines of the
enemy, and in that part of the State overrun by the armies of the
enemy, with the view of cutting off their marauding and foraging
parties and giving protection to the loyal citizens of the State. When-
ever either of said captains and two of said lieutenants, to be commis-
sioned first and second lieutenants, shall enlist seventy-five men, they
shall be organized into a company, and the captain shall make report
thereof with a list or enrollment of his men, with the names of four
sergeants and four corporals (to be appointed by him), to the adju-
tant-general, who shall furnish the said company with such arms and
ammunition as can be procured. When four of said companies shall
be organized the officers thereof shall elect a major; when six shall
be organized the officers thereof shall elect a lieutenant-colonel ; when
ten shall be organized the officers thereof shall elect a colonel. The
officers so elected shall be commissioned by the Governor as major,
lieutenant-colonel, and colonel of said rangers and scouts; and the
said officers and privates shall receive the same pay as is allowed to
the privates and officers of the infantry by the Confederate States
from the return of the list and enrollment of said company to the
adjutant-general and the time they shall be armed and equipped
for and engaged in active service.

Sec. 2. The said officers and rangers shall be under the command
of the Governor, and shall conform their operations to the usages of
civilized warfare, provided the enemy on their part shall conduct the
war according to the usages of civilized war. The commandants of
companies shall report their operations to the officer in command, wlio
shall report thereon to the Governor.

Sec. 3. The said companies shall be placed in such positions along
our northern, western, and northwestern frontier from which they can
give the greatest annoyance to the enemy and protection to our loyal
citizens, in such detached parties of one or more companies, or part
of a company, as will most promote the public interest.

Sec. 4. Whenever the said rangers shall be in the neighborhood of
a Confederate army they shall be subject to the orders of the com-
mandant of the same, and shall always co-operate with the movements
of said army when ordered to do so : Provided, however. That the
provisions of this act shall not impair or interfere with the laws pro-
viding for the quota of Virginia to the Confederate Army.

This act shall be in force from its passage.

CONFEDERATE AUTHORITIES. 1031

Executive Department,

March 28, 1862.
To the Senate and House of Representatives of the Confed-
erate States:

The operation of the various laws now in force for raising armies
lias exhibited the necessity for reform. The frequent changes and
amendments which have been made have rendered the system so com-
plicated as to make it often quite difficult to determine what the law
really is, and to what extent prior enactments are modified by more
recent legislation . There is also embarrassment from conflict between
State and Confederate legislation. I am happy to assure you of the
entire harmony of purpose and cordiality of feeling which have con-
tinued to exist between myself and the Executives of the several
States; and it is to this cause that our success in keeping adequate
forces in the field is to be attributed. These reasons would suf&ee for
Inviting your earnest attention to the necessity of some simple and
general system for exercising the power of raising armies, which is
vested in the Congress by the Constitution. But there is another and
more important consideration. The vast preparations made by the
enemy for a combined assault at numerous points on our frontier and
sea-coast have produced the result that might have been expected.
They have animated the people with a spirit of resistance so general,
so resolute, and so self-sacrificing that it requires rather to be regu-
lated than to be stimulated. The right of the State to demand, and
the duty of each citizen to render, military service, need only to be
stated to be admitted. It is not, however, wise or judicious policy to
place in active service that portion of the force of a people which
experience has shown to be necessary as a reserve. Youths under
the age of eighteen years require further instruction; men of matured
experience are needed for maintaining order and good government at
home and in supervising preparations for rendering efBcient the armies
in the field. These two classes constitute the proper reserve for home
defense, ready to be called out in case of emergency, and to be kept
in the field only while the emergency exists. But in order to main-
tain this reserve intact it is necessary that in a great war like that in
which we are now engaged all persons of intermediate age not legally
exempt for good cause should pay their debt of military service to the
countrj', that the burdens should not fall exclusively on the most
ardent and patriotic. I therefore recommend the passage of a law
declaring that all persons residing within the Confederate States,
between the ages of eighteen and thirty-five years, and rightfully
subject to military duty, shall be held to be in the military service of
the Confederate States, and that some plain and simple method be
adopted for their prompt enrollment and organization, repealing all
the legislation heretofore enacted which would conflict with the sys-
tem proposed.

JEFFERSON DAVIS.

Confederate States op America, War Department,

Bichmond, Va., March 28, 1862.
His Excellency F. R. Lubbock,

Oovernor of Texas, present:
(Care of H. Cone, esq.)
Sir: I have the honor to acknowledge the receipt of your letter of
the 7th instant by the hands of H. Cone, esq. Many of the queries of

1032

your letter are new to ine, and I regret to say, therefore, that I shall
not be able to return a full answer to your very important communi-
cation until I have had an opportunity of conference with my prede-
cessor, from whom I may obtain the data necessary for a satisfactory
reply. This will not be possible in time for Mr. Cone's return. The
evil of which you complain— that the regiments and companies already
in progress of formation within your State seriously impede the efforts
of the Executive to organize the quota which has been called for — is
felt and acknowledged by the Department, and measures are about
to be adopted which will, it is hoped, remove the difficultj'. In the
meantime all troops mustered in your State by the authority heretofore
granted will be credited to the quota of the State, and will bo reported
or required to report to you.

The order to General Hubert for disbanding all twelve-months' regi-
ments within his department is hereby suspended until further orders,
in compliance with your joint request. The men in these regiments
may in the meantime be received into your new regiments as part of
your war enlistments, upon re-enlisting and reorganizing in the manner
already provided by act of Congress. In regard to the funds for which
you make such urgent requisition, I regret to say that I am unable to
transmit them through Mr. Cone. I have referred the subject to the
Secretary of the Treasury, having been informed by the Quartermaster-
General that a considerable amount for which requisitions have been
already made has not yet been forwarded to Texas. ■ The Secretary of
the Treasury informs me that the difficulty consists in the want of
Treasury notes, especially of the smaller denominations, as bonds
(which could be supplied) could hardly be made available. I shall
again urge the subject upon the Secretary of the Treasury, in order
that the funds may be forwarded as rapidly as the state of the Treas-
ury will permit. In the meantime I must beg you to do the best you
can with the means, both of money and of credit, at your command,
in which the Government will support you to the best of its ability.
I am, respectfully, your obedient servant,

GEO. W. RANDOLPH,

Secretary of War.

P. S. — As Mr. Cone has consented to wait a few days longer, in the
hope of being able to obtain funds, I have determined to send this in
advance bj' another gentleman (Mr. White).

G. W. R.

Adjutant-General's Office,

March 28, 1862.
His Excellency John Letcher,

Governor of Virginia:
Sir : I report herewith results of returns of the militia and volun-
teers to the 27th, inclusive, with a report from the Adjutant-General's
Department of the Confederate States, showing the number of vol-
unteers which have been mustered into that service. Although these
last may be credited to the State, it takes off 3,801 men who, under
the act of the 10th of February last, ought to have gone to fill up
our volunteer corps to 100 men each. 'J^he number of volunteers
registered in this ofilco for service in different companies is now 725,
including 169 from the Oiie hundred and fifty-seventh Regiment,
Roanoke County. Additional returns from the militia and volunteers

CONFKDERATE AUTHORITIES. 1033

came in tnis morning, but could not be included in the return of
to-day without delajing the report to the Legislature until to-morrow.
I will report again to-morrow.

WM. H. RICHARDSON,

Adjutant- Oeneral.

Statement of the number of volunteer companies reported to this office to March

Number of companies 503

Strength at date of report _ 3.3, 756

Total to Increase each company to 100 rank and file 16, 639

MILITIA.

Number of regiments of the line 198

Number of regiments in counties in possession of the enemy 52

Number of regiments which have reported 113

Number of men reported for enrollment 44, 352

Number who failed to report. _ 4, 020

Number who claim exemption 9,236

Total _ 137,598

[March 29, 1862.— For General Orders, No. 18, Adjutant and In-
spector General's Office, publishing proclamation of .Jefferson Davis
extending martial law over certain counties in Western Virginia, see
Series I, Vol. LI, Part II, p. 517.]

Confederate States op America, War Department,

Richmond, March 29, 1863.
Hon. C. G. Memminger,

Secretary of the Treasury :
Sir : I am informed by Mr. Cone, the bearer of mj' note to you this
morning, that all the requisitions for Texas, mentioned in my late
letter, have been filled, except the last two in favor of Maj. T. S. Moise
for 8350,000 and $560,000, respectively, and that if requested by this
Department to prefer these requisitions you can transmit the amount
bj^ Mr. Cone in part in Treasury notes and in part in bonds. As I am
infonned by Mr. Cone that no arrangements have yet been per-
fected by which bonds could be made available in Texas foi- these
purposes, I beg that you will send by Mr. Cone such portion of this
amount as can conveniently be spared in Treasury notes.
Your obedient servant,

GEO. W. RANDOLPH,

Secretary of War.

Richmond, March 31, 1862.
Hon. George W. Randolph,

Secretary of War:

Dear Sir: Some weeks since, a few days before the adjournment
of the Provisional Congress, Mr. Currin, of Tennessee, and myself
addressed a letter to the President relative to the building of the

1034 COERESPONDENCE, ETC.

Little Rock and Memphis Railroad, and requested of the President,
if consistent with his views, a recommendation for a loan of a certain
amount of the Confederate bonds to the company in order to expedite
the completion of the road. In the meantime I introduced a bill in
the Provisional Congress authorizing the Secretary of the Treasury to
make this loan on certain conditions and terms, and the bill was
referred to the Committee on Military Affairs. The Congress
adjourned, however, without disposing of the bill. The President
turned over our letter to Mr. Benjamin, your predeeessoi in office.
I have again brought the bill to the attention of this Congress, and it
is now before the Military Committee of the House of Representatives.
Mr. Benjamin promised me some days since to look up the letter and
give us a response if he could possibly find the time. lie did not,
however, do this, being prevented, I suppose, by his numerous press-
ing engagements. In a more recent correspondence with the Presi-
dent on this subject he again requests me to confer with the War
Department.

This road, if completed, would be of the utmost importance to the
Confederate States in the present war. A glance at the map exhibit-
ing the district of countrj' through which it is to pass would convince
you of this. We have completed the road except between Madison
and White River, a distance of about sixty miles. We do not ask
tlie Government to build the road, to take stock, or in any way to
become interested in the road or liable for it, but merely to loan the
company a certain amount of her bonds, upon good personal and real
security, which the company can readily give to any amount. The
plan we propose, as we conceive, frees the subject of all the long
vexed questions arising under the Constitution out of the matter of
internal improvements, and we believe there is no difficulty on this
point. The Government in this matter cannot even risk a loss, much
less lose anything, while she will do great service to our cause and
contribute in a large degree to the means of defense of a very large
and valuable scope of country now threatened to be overrun by the
enemy. Keeping an eye to the seat of war (or seats of war) in
Arkansas at this time, I think I may safely say the early completion
of this road is a military necessity, if one can be said to exist at all.
Permit me to request you to examine the letters above referred to at
as early a day as you may be able to do so, and write me on the
subject. An indorsement by you of this proposition would not only
have great weight, but would secure the passage of the bill befoi'e
Congress, in my opinion, and an early examination of the matter is
respectfully solicited by

Yours, very truly, &c.,

A. H. GARLAND,
Member of Congress from Arkansas.

Confederate States of America, Subsistence Dept.,

Richmond, Va., April 1, 1862.
Hon. George W. Randolph,

Secretary of War :

Sir: Yours of the 28th ultimo is received, inclosing resolution of

the Senate, Confederate States of America, with regard to losses

incurred recently at Forts Henry and Donelson, Fishing Creek and

Roanoke Island, and on the retreats from Columbus, New Madrid,

CONFEDERATE AUTHORITIES. 1035

Bowling Greon, Nashville, and the line of the Potomac. Letters
liave been written to Maj. T. K. Jackson and Capt. John T. Shaaff
(copies of which are hei-ewith inclosed), to which no answers have
j'et been received. The following extract, made from report made on
20th ultimo to special committee House of Representatives, appointed
under resolution of Hon. D. M. Currin, is given below, as embodying
the information required, so far as attainable :

The commissary stores deposited in the city of Nashville were of two classes :
First, those in the hands of Capt. John T. ShaafiE, post commissary ; second, those
in the packing houses under the charge of R. T. Wilson and J. F. Cummings,
respectively. The paper marked A exhibits what Captain Shaaflf had on hand on
the 31st of October, 1861. His quarterly return up to the 30th of September has
recently come in ; that for the fourth quarter of 1861 has not been rendered. It
is to be presumed that there are sufficient reasons to explain the omission.
His name was on a list of those failing to render returns, and was reported to
the Auditor on the 10th of February. His duties were extensive. During the
month of October he distributed supplies to Bowling Green, Columbus, Ky., and
some to Montgomery, Richmond, Lynchburg, Knoxville, Chattanooga, and
Atlanta, besides doing local duty, so that until the reports called for on the fall
of Nashville are received from him nothing definite can be stated as to the stores
in his depot at the surrender of Nashville. On the 8th instant he was called on
for a report of details and of the measures taken by him to save stores. The
number of hogs to be kiUed by Wilson & Armstrong at Nashville, Clarksville,
Bowling Green, and Patriot was about 66,000. Of these about 30,000 were
killed at Nashville, the number at each of the other places not being definitely
known. Under General Johnston's order for the removal of the meat from
Bowling Green, half of it is reported as being sent to Nashville. The quantity
saved from Clarksville is not definitely known. That at Patriot is reported aU
saved , having been distributed through the country. Of that at Nashville , includ-
ing the half of that killed at Bowling Green, and reported as brought to Nashville,
one-half is stated to have been saved by R. T. Wilson, but his estimate is con-
jectural. It is not known in what condition this meat was saved. On Monday,
the 17th instant, upon ascertaining the wishes of the committee, Mr. Wilson was
telegraphed to as follows : " How much meat had you at the various points from
which it has been moved? What has become of it? What proportion is saved,
and how much of that is sound ? " A similar telegram was sent on the same day
to J. H. Craigmiles, who had charge of the hogs killed by other parties at Nash-
ville. Mr. WUson, in reply, thinks that probably one-half of the meat in his hands
was saved. J. H. Craigmiles answered on yesterday as follows: "Butchered
30,000 hogs at Nashville ; half saved in Atlanta ; 30,000 hogs at Shelby ville ; all
saved in Atlanta and Huntsville ; 18,000 at Chattanooga, removing rapidly to
Atlanta; 1,000 at Cleveland, will remove to Atlanta; 1,000 at Shelby ville and
Nashville, but most of it can be moved."

The plan of procuring pork was discussed in the paper read on Monday to the
committee. It was begun at Bristol last July. So soon as the meat should be
cured and removable without injury it was to be distributed throughout the
country. It is believed that immediately after the fall of Fort Henry General
Johnston ordered the meat from Nashville to be sent away, and when confusion
reigned there he directed J. F. Cimimings to remove that at Shelby ville. In refer-
ence to the meat at Bowling Green I inclose letters thereon which will explain
themselves. The beef was mostly used as packed. No report of that has been
made.

TJie report to the Provisional Congress discusses the necessity of
secui-ing the meat, and shows that the possible result was anticipated.
The letter to R. T. Wilson exhibits the opposition of the department
to the sending away to Bowling Green and to packing there ; the letter
to Major Jackson exhibits the controlling influence under which it was
done, and the letters to Wilson show that, notwithstanding the meat
was not ready to be removed, it was determined to begin the with-
drawal from Clarksville before the attack on Henry. In respect to
Roanoke Island, the supplies sent were for immediate use, and prob-
ably consumed. The stores subsequently sent went forward after the

1036 CORRESPONDENCE, ETC.

Run-ender of the island, but before the schooners were unloaded they
were withdrawn, and after two narrow escapes returned to Norfolk in
safety. Tlio report of Major Noland regarding Thoroughfare shows
what was lost, and how. The place was well selected, in rear of and
to support a threatening army, to drain from the country in advance
of our lines at a place locally defensible, and liaving running water
necessary for a packing establishment, and having railroad connec-
tions to supply the spareribs, heads, and other offal to the men.
I am, very respectfully, your obedient servant,

L. B. NORTHROP,
Commissary- General.

[Inclosiirc No. 1.]

Department Commissary-General of Subsistence,

Richmond, Va., March S, 1862.
Maj. Thomas K. Jackson,

Chief Com. of Subsistence, Army of the West, Decatur, Ala.:
Major: The Commissary-General directs that you send him as soon
as practicable a report of tlie subsistence stores which are represented
to have been destroyed or abandoned at Bowling Green, Clarksville,
Nashville, and other points (recently under your supervision) now in
the hands of the enemy, and tliat you will also report what measures
were taken by you to have said stores removed to a place of safety,
and as near as possible the quantity of each article saved and where
stored at this time.

Very respectfuUj', your obedient servant,

T. G. WILLIAMS,
Major and Commissary of Subsistence.

fInclo3ure No. 2.]

Department Commissary-General of Subsistence,

Richmond, Va., March 8, 1862.
Capt. John T. Shaapf,

Com. of Subsistence, C. S. Army, Murfreesboroucjh, Tenn.:
Captain : The Commissary-General directs that you report to him
as soon as practicable the amount of subsistence stores recently
destroyed or abandoned upon the evacuation of Nashville, and what
measures were taken by you to have the subsistence stores at that
place saved from destruction or the hands of the enemy, and as near
as possible the quantity of each article saved, where now stored, and
the total amount lost at Nashville.

Very respectfully, your obedient servant,

T. G. WILLIAMS,
Major and Commissary of Subsistence.

[iDClosuro No. 3.]

Subsistence Department, C. S. Army,

Richmond, Va., January 3, 186:i.
Mr. R. T. Wilson,

Commissary Agent, Nashville, Tenn.:
Sir : I have just mailed a letter written to you yesterday in refer-
ence to the order from General Johnston to Avhich you refer for curing
pork at Bowling Green for tlie \ise of the Army. I must inform you
that the funds you have received from this department have been
obtained on special application on repeated declarations of its impera-
tive necessity to insure a reserve of salt meat. These funds have

CONFEDERATE AUTHORITIES. 1037

been granted by the War Department, superseding other requisitions
from this and other departments on this declaration. Whatever
bacon yon cure with these funds is to be held as a reserve when all
other resources fail. If General Jolmston wishes you to buy and euro
meat specially for his army and for immediate use, not as a reserve
for the Army in general, it should be done by arrangement witli
Major Jackson, and from funds placed in his hands for tlie current
expenses of his troops. If he does not receive the funds drawn for,
and calls on citizens employed for a special service by this depart-
ment to supply meats, then such supplies as are directed you Avill
offer, and such as have been prepared for the general reseive you
will retain, under your contracts with this department. If you are
forced to surrender your pork before it is nuxde into bai-on, it must be
by actual compulsion, throwing the responsibility upon the oflicer who
compels you. It is my opinion that as long as the Army can be sup-
plied otherwise no military commander has a right to control the
operations of this department except iji respect to the staff of his own
troops, but not in respect to general operations. You and those act-
ing with you under similar obligations have also rights to be respected.
On the principles now communicated will your ultimate settlements
be nuide. It is desirable that no unpleasant opposition should arise,
but this matter should bo understood and settled. If General John-
ston will respect these views as coming from yourself, it will be very
agreeable. If not, then I will have to refer for a decision of the ques-
tion to the War Department. Let me hear from j'ou as soon as pos-
sible. If your box meat is condemned because it does not look i-ed,
perhaps, cook some and get the general or commanding oflicer to try
it. If not spoiled, make a struggle against the board of survey.
Very respectfully, vour obedient servant,

L. B. NORTHROP,
CoDiinissary-General of SubsisteDce.

[iDOlosure Ko. 4.]

Office op the PRiNCirAL Gommissaey, Western Dept.,

BowUmj Oreen, Ky., January 11, 1862.
Col. L. B. Northrop,

Commissary-Oi'iieral of Subsistence, Riclimond, Va.:
Colonel: I have the honor to acknowledge the receipt of your let-
ter of the 1st instant, inclosing a copj' of your communication to Mr.
AV ilson Inspecting the oi-ders of General Johnston for salt meat from
Clarksville, and his orders to pack pork at this place. I have pre-
sented the matter to the general, and he instructs me to say tliat lie
fiiUy appreciates the expediency of economizing the salt meat which
3'ou are having prepared throughout the country, but that circum-
stances demand the immediate storage of a good supply of that article
at this point, not for present use, but as a security against embarrass-
ment should the enemy succeed in rendering the supply of fresh meat
uncertain, a contingency which ought not to be disregarded, and
wliich from the preponderating force of the enemy may be appre-
hended. The orders of the general to your agents for salt meat from
Clarksville and his order to pack pork here, though imperative, are
not, he believes, incompatible with your views of the necessity of
holding us much of it as possible to meet tlie wants of the Army
during the ensuing spring aiul summer.

Verv respectfully, vour obedient servant,

THOMAS K. JACKSOy,
Major and Pruicipal Commissanj, ]V(fitern Department.

1038 CORRESPONDENCE, ETC.

[InclOBure No. 5.]

Subsistence Department, C. S. Army,

Richmond, Va., March 11, 1862.
Mr. R. T. Wilson,

London, Roane County, Tenn.:
Sir: Your letter of the 1st instant reached here on the 8th. My
report to the resolution of Congress showed that a due regard to the
possible contingency of injury from the enemy was entertained, and
our consultation and schedule of places before you left Richmond
exhibit the intention as soon as the meat was ready to be received
that it was to have been distributed to various points of the interior.
This precaution was determined on, although the commanding general
had pi-ef erred a reserve at Bowling Green. In face of this fact, known
previous to your departure from Richmond, it was not reasonable to
risk the injury of moving meat not ready. I am happy to find by
your letter that on your return and before the fall of Fort Henry you,
concluding that the meat at Clarksvilie and Nashville was sufficiently
salted to bear removal, and that the roads preferred taking it in pack-
ages, had begun to put it up for transportation southward ; also that
the fall of Henry caused you to change your proceeding, and at once
resort to the most rapid removal in your power. You will please
endeavor to collect all further information possible respecting the
quantity destroyed or abandoned and communicate thereon. I am
sorry that your private loss has been so heavy, and glad that your
attention has been devoted to the care of the public property. When
you write give details on this feature of the affair.
Very respectfully, your obedient servant,

L. B. NORTHROP,
Commissary- General of Subsistence.

[Inclosure No. 6.]

Orange Court-House, Va., March £7, 1862.
Col. L. B. Northrop,

Com,missary- General of Subsistence, Richmond, Va.:
Colonel : By your letter of the 24th instant I was instructed to
render to you a report of my operations at Thoroughfare, Va. , to report
the reasons for the destruction of the meat packed under my direction
at that place, the amount packed, the quantity brought away, and
how much was abandoned or destroyed on the movement of the Army
of the Potomac at Manassas. In compliance with these instructions
I have the honor to report as follows:

Pounds.

The amount of pork received at the packing house at Thoroughfare,
according to a statement from the books of the agent (being the gross
weight of the dead hogs), was 1,510,819

Of which there was sent oflE at different times, viz :

To Captain McEinne, at Manassas, pork, bacon, and lard 267, 518

To Wortham & McGnider, for sale, lai-d 30, 929

Sold and issued to army, faces, ribs, &c 155, 663

To Gordonsville and Orange Court-House, pork and bacon 546, 600

To Warrenton, by wagons, bacon i 90, 000

Loss in weight from shrinkage 124 per cent 188, 852

Total amount of pork, &c. , sent from Thoroughfare 1, 279, 563

Balance of pork, lard, &c. , left at Thoroughfare 331 257

CONFEDERATE AUTHORITIES. 1039

Foonds.

Amount of beef packed at Thoroughfare (net) 1,195,914

Amount sent to Captains McKinne and Vaughan . 1,037,260

Amount sent to Warrenton _._ 15,000

Amount consumed by hands and guard 5, 093

1,057,353

Balance of beef at Thoroughfare _ 138,562

Total amount of meat left at Thoroughfare 369, 819

Of this amount there was given to the people of the neighborhood, and

to the parties engaged in hauling meat to Warrenton, about _ - . 200, 000

There was burned about, say 169,819

Total amount destroyed and given away 369, 819

Tliere were also burned about 500 hides and a large amount of tal-
low which had been sold and delivered to George S. Ayre; also two
large slaughter-houses and seven house cars. The packing and
smoke houses ^vere so near to private property that they could not be
biirned without destroying it, and they were therefore ordered to be
torn down and carried off. All the neat's-foot oil, about 300 gallons,
was sent to Warrenton. As for the reasons for the loss exhibited by
the foregoing statement, I consider it sufficient to state the facts con-
nected therewith, and to express the opinion that it was not the result
of remissness of any one connected with your department. I received
from you notice of the proposed evacuation of Manassas on the 21st
of February, two weeks before it occurred, and could I have obtained
the transportation- by railroad which was promised all the property
at Thoroughfare could have been removed during the first week; or
had I been told that such transportation could not be had I could
liave removed it all by wagons to Wan-enton within the time, but I
was not aware of that fact until the day before the evacuation
occurred. I came to Thoroughfare on the 22d. Orders were given
to stop the slaughtering of cattle and hogs and arrangements made
for sending the meat to Mount Jackson and Orange Court-IIouse.
Mr. Stuart went on the 24th to Mount Jackson, appointed an agent,
and had a house erected to receive the meat. Mr. Ilunton was sent
to Orange Court-House to get buildings and to secure the meat as
sent. By the 26th Mr. Stuart had made arrangements with the super-
intendents of the railroads for the transportation of at least 200,000
pounds per day. The meat was taken from the houses and placed on
platforms for convenience of loading the cars. The force of hands
was increased, and every possible arrangement on our part was made
for sending off the property. The cars promised by the superintend-
ents were not furnished because, as I was informed, the Government
had taken control of the transportation.

On the 28th ultimo, at the instance of Major Cole, we had an inter-
view with Major Barbour, chief quartermaster, who promptly gave an
order for such transportation as I needed ; but although every effort
was made both by Major Cole and myself, as well as by Mr. Stuart
(who proved himself in this, as he has in all other matters of business,
a most efficient and industrious agent), but forty-five cars could be
had, which were promptly loaded and sent off. Up to the 8th instant
continual calls were ineffectually made for cars. They were contin-
uallj' promised and expected. The meat was all taken from the
liouses and placed on scaffolds ready for loading, and remained in
that exposed condition for six days. During this time only seven

1040 COBKESPONDENCE, KT(\

cars were furnished and they were never taken away, although many
trains passed th(! point and several of them were entirely empty.

On the 8th instant I received an order from Major Cole, commissary
of subsistence, to destroy all the meat which was not i-emoved by the
10th instant; but on consultation with General Johnston and himself
on the following- day at Manassas I was authorized to use my discre-
tion and save from destruction as much as possible by hauling it to
Warrenton by wagons and giving it away. I caused combustibles to
be placed under every pile of meat for its immediate destruction when
necessary. Guards were placed on all the roads leading to Thorougii-
fare to give notice of the approach of the enemy, and th(» people for
many miles around were notified to send in their teams. A liberal
price in money and a load of meat was offered to each person who
would send a wagon. The response to the call was prompt and grati-
fying, and on Monday, the 10th instant, we had about thirty wagons,
and others promised for the next day. On Monday night Lleul/enant-
Colonel Munford arrived with a body of cavalry under orders fi-om
General Stuart to destroy all the property along the line of railroad.
He, finding that we were engaged in sending off the stores, actively
co-operated with us, and sent through the country and impressed
all the wagons which could be found. Had he remained thn^e days
longer I believe that all the meat could have been removed. His
orders, however, were, as I understand, peremptory to destroy all tlie
property left at Thoroughfare on Tuesday at 12 o'clock. On that day
we loaded and sent away about fifty wagons, and then under his
orders the remaining property was destroyed, except some meat which
at my request was reserved to meet my obligations to those engaged
in hauling to Warrenton. At the hide depot at Manassas Junction
there were on hand about 2,000 hides and about 500 gallons of neat's-
foot oil. No transportation could be obtained for anything from this
point, and this property (together with the furnaces, buildings, &c.)
was all destroyed. I have established myself for the present at this
point, but shall be governed in my future movements by those of
this army.

Respectfully, your obedient servant,

B. I' NOLANI),
Major and Commissary of Suhsistevcc

AN ACT to enable the States assuming the payment of their quotas of the war
tax to pay the same into tlio Treasury.

71ie Congress of the Confederate States of A merica do enact, That
if any State which has agreed to assume the payment of her quota of
the tax imposed by the act approved August 19, 1801, entitled "An
act to authorize the issue of Treasury notes, and to provide a war tax
for their redemption," shall not have been furnished with a connect
collated list of the taxes ass(!sscd on the people of such State before
the first day of April, 1802, the Secretary of the Treasury shall agree
with the Governor of such State upon the probable amount of such
assessment, and the State shall Ix; entitled to pay the same, less ten
per centum, in like manner, and with like effect, as if siicli payment
had been made before the said first day of April: Provided, Imwcver,
That when tlie corrected assessment is made out, such State shall i>ay
to the Confederate Government or receive therefrom, as the case may

CONFEDERATE AUTHORITIES. 1041

be, the deficiency or excess of tlie correct amount due from her on the
assessment, allowing to the State tlie deduction of ten per centum on
the deficiency, if any.
Approved April 2, 1862.

AN ACT to authorize the President to increase his personal stafiE.

The Congress of the Confederate States of America do enact, That
during the existing war the President may, as Commander-in-Chief
of the forces, appoint, at his discretion, for his personal staff, four
aides-de-camp, in addition to the number now allowed by law, with
the ranlc, pay and allowances of a colonel of cavalry.

Approved April 2, 1862.

Sxtrgbon-General's Office,
Richmond, Va., AprU 2, 1862.

It is the policy of all nations at all times, especially such as at
present exists in our Confederacy, to make every effort to develop its
internal resources, and to diminish its tribute to foreigners by sup-
plying its necessities from the productions of its own soil. This
observation may be considered peculiarly applicable to the appro-
priation of our indigenous medicinal substances of the vegetable
kingdom, and with the view of promoting this object the inclosed
pamphlet,* embracing many of the more important medicinal plants,
has been issued for distribution to the medical officers of the Army
of the Confederacy now in the field. You are particularly instructed
to call the attention of those of your corps within your district to the
propriety of the necessity for collecting and preparing with care such
of the within enumerated remedial agents, or others found valuable,
as their respective charges may recxuire during the present summer
and coming winter, with the directions to forward to the medical pur-
veyors of their district for preparation and distribution such amounts
of those articles as they may be able to have collected, as well as their
own supply for which they may not have storage.

Our forests and savannahs furnish our materia medica with a mod-
erate number of narcotics and sedatives, and an abundant supply of
tonics, astringents, aromatics, and demulcents, while the list of
anodynes, emetics, and cathartics remains in a comparative degree
incomplete. The attention of the profession should therefore be
especially directed to a determination of the relative value and
specific application of such of the last-mentioned classes as have
been adopted in practice, as well as to the discovery of curative
virtues in others of the same classes not yet introduced to public
notice.

Information thus elicited, when of sufficient importance, should be
communicated through the medical director of the army corps or mil-
itary department to this office. Instructions relative to the procura-
tion of a proper supply of indigenous medicinal substances will be
forwarded to medical purveyors.

S. P. MOORE,
Surgeon- General.

* Not found.

66 R R — SERIES IV, VOL I

1042 CORRESPONDENCE, ETC.

Confederate States of America,
Quartermaster-General's Office,

Richmond, April 2, 1862.
Hon. George W. Randolph, .

Secretary of War:
Sir: I have the honor to acknowledge the receipt of your communi-
cation of the 28th ultimo, inclosing a copy of the resolution of the
C. S. Senate, requesting a report of the amount of quartermaster and
other stores lost in the recent reverses at Forts Henry and Donelson,
at Fishing Creek and Roanoke Island, and in the retreats from
Columbus, New Madrid, Bowling Gi-een, Nashville, and the line of
the Potomac, specifying the loss in each case. To meet the require-
ments of the Senate resolution specific and detailed reports from the
principal quartermasters in charge of the stores of the several armies
and forces referred to are absolutely necessary. In the absence of
the information, which can only be supplied by the reports of these
officers, I am unable to state with even approximate accuracy the
extent of the losses incurred at the places enumerated in the resolu-
tion of the Senate. These reports have been ordered, but have not
yet been received. Enough, however, is known from general rumor
to enable me to state that the loss of public property has been very
great, and there is reason to apprehend that many essential articles
abandoned or destroyed in consequence of those disasters to our arms
cannot be replaced. So soon as I am placed in possession of the
required information a detailed statement will be laid before you.
Very respectfully, your obedient servant,

A. C. MYERS,
Quartermaster- General.

Montgomery, AprU 2, 1862.
Hon. G. W. Randolph,

Secretary of War:
Have 5,000 troops in camps. Poor men crying most earnestly for
bounty. I gave assurances that it would be paid on the fact of Mr.
Benjamin's letter of the 24th of February. The failure creates great
discontent and demoralization. I fear the consequences unless arrange-
ments can be promptly made for the payment. I can let Major Cal-
houn, C. S. quartermaster, have $100,000 in Treasury notes for the pay-
ment of most pressing companies if it can be replaced in a fortnight.
Answer soon as possible.

JNO. GILL SHORTER,

Governor of Alabama.

[April 2, 1862. — For Randolph to Brown, in relation to the reten-
tion of Georgia State troops in the field until Congress should act on
the conscription bill, &c., see Series I, Vol. LIII, p. 228.]

BoNHAM, Tex., AprU 2, 1862.
His Excellency Jefferson Davis:

Dear Sir: When I was in Richmond last winter, you were kind
enough to appoint me to the position of assistant adjutant-general

CONFEDERATE AUTHORITIES. 1043

Provisional Anny, C. S. , and to send me under apecial orders to raise
five regiments of infantry in the portion of Texas lying east of tlie
Trinity River. The Secretary of War assured me time and again
that except these five regiments, wliich were permitted by the orders
given to me to mount themselves to their place of final destination,
at which point the Government was to take their horses and pay for
them, no other troops would be received as cavalry from Texas, and
none for a shorter term than the war. Under this assurance I
expressed both to you and to the Secretary entire confidence in my
ability to raise the regiments in a very short time. I returned home
as expeditiously as possible, and immediately set about the task
assigned me. I had hardly gotten my circulars before the people
when recruiting officers sprang up all over the country calling for
twelve-months' mounted men. Some two or three regiments were
soon formed under orders given, as I understand, by M. T. Johnson,
and now form what is known as Johnson's brigade, a portion of which
has been encamped since last fall somewhere near Johnson's resi-
dence, the whole, i. e., two regiments, now being encamped in Red
River County, near Clarksville. Besides this Johnson's brigade, one
of the same kind (twelve-months' mounted) has since my return been
formed by Colonel Darnell, and one called Taylor's second regiment,
foi'med, so far as I can learn, without other authority than Colonel
Taylor's order. These last regiments have crossed over into the
Indian Territory, and are, I understand, at Washita. Besides these,
three other mounted regiments have been authorized by the Secretary
of War since the date of my orders, viz, one to Colonel Ochiltree, one
to Colonel De Morse, and one to Colonel Clark. These, I believe, are
for the war, but they are to enter as cavalry. All of these regiments
have been and are being organized within the limits assigned to me
to raise infantry in. Some, doubtless, are unauthorized, but that
makes but little difference if the Government will receive them on
their own terms. It would have been very easy to raise such troops
as are wanted, viz, infantry, if the policy which I assured every one
on my return had been adopted by the War Department had been
unflinchingly adhered to. As it is, the fine military material of this
country has gone off helter-skelter, mounted on every description of
animal, and generally for a short term of service. Two-thirds of
their horses, even of the troops for the war, are totally unfit for any
military service, while the expense to the Government of feeding
them is enormous. I have never yet known a horse rejected by any
mustering oflftcer. The ordinary ponies of the country are now prin-
cipally used. They have eaten Northern Arkansas to the starvation
point, and are now falling back to be within reach of the supplies so
abundant now in this section of country, but which, in my opinion,
are too precious for these pony regiments.

I forbear making any suggestions — they would be unbecoming in
me. I merely state a few facts which the Government ought to
know, that some of the evils may be provided against, and to explain
why my confident assertions that I could immediately raise the five
regiments of infantry have not been realized. I still hope to suc-
ceed, however, under all disadvantages. Some of my minor troubles
arise from the neglect in the Department to appoint a quartermaster
and commissary, as promised me in my orders. Repeated letters to
the Department on this point have elicited no answer, and I have not
yet been placed in possession of a dollar to pay the bounty, nor for
any other purpose. I hope, however, this will be speedily remedied.

1044 CORRESPONDENCE, ETC.

With the money I could now buy at this place a very large amount
of fine bacon and wheat and corn almost without limit, and it seems
to me that the quartermaster to be stationed here — for at this place
I have under my orders of the 3d of February established the prin-
cipal depot — would save a great deal of money to the Government to
buy largely and provide the army in Arkansas and north of us,
instead of trusting the purchases to an irresponsible agent, who
gives no bond and who acts only under an appointment given by
any one of the brigadier-generals, as is now the case. If a strict
inquiry was made into the Army purchases and contracts in the
West, it would be found that the Government has been greatly
imposed on. I hope you will excuse this long letter. I feel a deep
interest not only in my country's welfare, but in the success of your
Administration, and both are deeply concerned in knowing anything
that is amiss in the machinery of the Government. This and a
desire not to be blamed for want of success in a matter over which I
have lost the control, promised to me by the War Department, are my
excuses; and you are somewhat to blame yourself for the infliction,
for the last word you spoke to me was to write to you as occasion
required.

I am, as ever, most truly, yours,

SAMUEL A. ROBERTS.

[First indorsemeut.]

Acknowledge friendly and refer to the War Department for special
attention.

J. D.

[Second indorsement.]

The writer is probably the person to whom Governor Lubbock
referred in a late letter complaining of such authority. We were
unable to find a record in the Department of authority to raise five
regiments, and there is no record of the promise which the writer says
he received from the Secretary of War that no other person should be
authorized to raise cavalry in Texas.

JOYNES.

[Third indoraemftnt.]

Adjutant-General, :

The authority is in your office. Was there any promise to appoint
staff before muster-rolls were returned ?

G. W. R.

[Fonrtli indorsoiiient,]

May 21, 1862.
Respectfully returned to Secretaiy of War. None.

R. H. CHILTON,
Assistant Adjutant- General.

[Fifth indorsement.]

No staff: officers can be appointed until muster-rolls are received.

A. T. B.

AN ACT to fix the compensation of the President of the Confederate States.

The Congress of the Confederate States of America do enact, That
the President shall receive for his services during his term of office an

CONFEDERATE AUTHORITIES. 1045

annual salary of $25,000, payable quarterly in advance, to commence
on the twenty-second day of February, eighteen hundred and sixty-
two, the time at which he entered upon the duties of his oflce.

Sec. 2. And be it furthsr enacted, That until a suitable Executive
Mansion shall be provided for the President, the rent of one suited to
the purpose shall be paid by the Government.

Approved April 3, 1862.

AN ACT making appropriations for the support of the Government from April
first to the thirtieth of November, eighteen hundred and sixty-two, and for
objects hereinafter expressed.

The Congress of the Confederate States of America do enact, That
the following sums be, and the same are hereby, appropriated out of
anj' money in the Treasury not otherwise appropriated, for the sup-
port of the Government from April first to November thirtieth, eight-
een hundred and sixty-two, and for the objects hereafter expressed ;

War Department. — For the pay of ofiicers and privates of the Army,
volunteers and militia, in the public service of the Confederate
States; and for quartermasters' supplies of all kinds, transportation
and other necessary expenses, $155,000,000.

For the purchase of subsistence stores and commissary property,
$29,000,000.

For the Ordnance service in all its branches, $11,000,000.

For the Engineer service, $1,800,000.

For the surgical and medical supplies of the Army, $2,400,000.

For contingent expenses of the Adjutant and Inspector General's
Department, including ofl&ce furniture, stationery, blanks, record
books, &c., $10,000.

For incidental and contingent expenses of the Army, and of the
Department of War, $200,000.

For floating defenses of the Western waters, $500,000, in accord-
ance with the letter of the President of March 24, 1862, to be expended
by the Secretary of War.

*******

Approved April 3, 1862.

AN ACT to amend an act approved May 10, 1861, entitled "An act to amend an act
to provide for the public defense," approved March 6, 1861.

The Congress of the Confederate States of America do enact. That
the act approved May 10, 1861, entitled an act to amend an act to
piovide for the public defense, approved March 6, 1861, be, and the
same is hereby so amended as to apply also to companies received
into service for duty as heavy artillery.

Sec. 2. The provisions of this act and of the act of May 10, 1861,
shall extend to all companies of light and heavy artillery, which are
now in, or may be hereafter received into the service, and all acts or
parts of acts in conflict therewith are hereby repealed.

Approved April 3, 1862.

1046 CORRESPONDENCE, ETC.

General Orders, ) War Department,

> Adjt. and Insp. General's Office,
No. 19. ) Richmond, April 3, 1862.

The following order is published for the information of the Array,
and the guidance of all concerned in the subjects referred to :

VOLUNTEERS MUSTERED OUT OP SERVICE ON THE EXPIRATION OF

THEIR TERM.

I. The rolls for this purpose must contain all the names which have
been borne on the previous muster-rolls from the first, or the one mus-
tering into service, including all who have died, been captured, dis-
charged, or have deserted since the enrollment of the company, with
appropriate remarks opposite the name of each, respectively. All
absentees must be satisfactorily accounted for by explanations recorded
in the column of remarks. This roll, containing the information above
required, will be prepared and completed at the time that the company
may be discharged, and be forwarded in duplicate by the officer
charged with mustering it out of service direct to the Adjutant and
Inspector General's Office, War Department — one indorsed "For the
Quartermaster-General." The roll will only vary from the ordinary
muster-roll used for the payment of companies by the addition of the
names of all who have died, been captured, discharged, or have
deserted since the day of muster into service.

II. Payments upon company rolls will be made when practicable at
the end of every two months — as January and February, March and
April, &c. In no instance must a company be paid to a date includ-
ing a fractional portion of a month, unless discharged.

III. Brigade commanders (where this shall not have been done by
the commanding general of the army with which they may be serving)
will designate some officer of the brigade to muster his command upon
the last day of every even month, to examine and verify the muster-
rolls, to see that they conform in all respects to the requirements of
printed notes thereupon ; and to transmit, after such examination and
signing of the said rolls by him, one copy thereof for each company to
the Adjutant and Inspector General, two copies of the muster and
pay rolls to the brigade quartermaster upon which to make his esti-
mates for payment of the troops, and a third copy of the muster and
pay rolls to the captain or commanding officer of the company for the
files of the company.

By command of the Secretary of War:

S., COOPER,
Adjutant and Inspector General.

Executive Department,
MUledgeviUe, Oa., April 8, 18G2.
Hon. G. W. Randolph,

Secretary of War:

Dear Sir: Most of the regiments of Georgia troops now in the
service of the Clonf ederate States were armed, accoutered, and equipped
by the State when they entered the service. The arms now in their
possession are the property of the State. As the term of some of
the twelve-months' regiments will soon expire, I desire to know
whether the State's right to the arms will be respected and the dig-

CONFEDERATE AUTHORITIES. 1047

position which will be made of the arms. I have no wish to withdraw
the arms from the service at this critical period of our history; but as
Georjiia will continue to have in the field a large force, and as the
arms belonging to her are mostly of a superior quality, I am unwilling
that they should be thi-own into the Confederate ai-senals and dis-
tributed to the troops of other States and inferior arms placed in the
hands of new levies of troops from Georgia. I ask, therefore, that the
(loorgiii troops, whose term of service expires during the war, bo per-
mitted to return with tlieir arms to tlie State, where they could be
placod in the hands of other troops and sent to the field.

Of ifourso I should expect all the twelve-months' troops who
re-enlisted to retain their arms. If the arms which belong to the
State aw returned to her as the term of service of her volunteers
expires she will have no difficulty in filling all just requisitions which
may in future be made upon her for hor quota of men. If I have not
mistaken your character you belong to that class of statesmen known
as States rights men. I cannot, therefore, doubt what will be your
decision of this question.

In conclusion permit me to congratulate you upon your recent
appointment to the distinguished position which you now fill and to
express tlie hope that you may be eminently successful in the admin-
istration of the most important department of the Government. As
the Executive of Georgia I beg leave to assure you of my most earnest
desire to i-ender you all the assistance in my power, and of my inten-
tion to exert all my energy for the promotion of that harmonious
concord which secures the rights of the States and advances the best
interest of the Confederacy. Hoping that we may yet be able to drive
the invader from every foot of our territory and to establish our
independence upon a firm basis,

I am, veiy respectfully, your obedient servant,

JOS. E. BROWN.

[April 3, 18(12. — For Clark to Davis, in relation to tlio organization
of ti"oops in North Carolina, see series I, Vol. LI, Part II, p. 528.]

[April 3, 1862. — For Hubert to Cooper, in relation to tlie reorgan-
izjitiou of twelve-months' men in Texas, see Series I, Vol. LIII,
p. 799.]

Confederate States of America, War Department,

Richmoml, April 4. 1^<^3-
His Exwlleucy John Gill Shorter,

Gortmor of AlaJbama, Montgomery, Ala.:
Sir: Your telegram of the 2d instant has been received. In reply
I have the honor to inform you that measures have been t«ken to
supply Major Calhoun with funds to pay bounty, and the money is
now pi-obably on the way to him. I think you may safely advance to
him |lOO,0(X), to be replaced in a fortnight.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH,

Secretary of War.

1048

Pkesident's Office,
Alabama and Florida R. R. Co. op Alabama,

Montgomery, Ala., April 4, 1862.
His Excellency President Davis,

Richmond, Va.:
Sir: Under date of the 19tli of March the Quartermaster-General
requested me to suggest wliat should be done to perfect, with as little
delay as possible, the line of communication between Selma and Merid-
ian, now demanded as a military necessity, and whether the connec-
tion could not be made by plank road. I felt satisfied the railroad
connection now in progress could be completed in less time than a
plank road coiild be built, and, understanding that you desire its verj'
speedy completion, I beg leave to present to you Mr. William M. Wad-
ley, president of the Yicksburg and Shreveport Railroad, as one of
the most energetic and reliable men connected with railroad service
in the Confederate States. I have known him for many years, con-
nected first with the best-managed railroads of Georgia and lately
with roads in Mississippi, and I feel assured, if you deem it necessary
to take possession of the line to be built for Government purposes, he
will accomplish it in less time than any other person I know connected
with railroad service in the South. He has mislaid letters from Mr.
W. C. Smedes, of Yicksburg, to you upon this subject, and it may
not be amiss to inform you that I have placed the whole line of road
between this place and Selma under contract, and if I can procure the
iron I can complete it within this year; and if the line west of Selma
can be opened, the connection between "Yicksburg and Montgomery
can be made within eighteen hours.

I am, very respectfully, your obedient servant,

CHARLES T. POLLARD.

[Indorsement.]

Secretary of War for special notice.

J. D.

Confederate States of America, War Department,

Richmond, Va., April 4, 1862.
A. S. Gaines, Esq.,

Demopolis, Ala., Present:
Sir: Congress regarding an early railroad connection between
Selma, in Alabama, and Meridian, in Mississippi, as important to the
Government in a military point of view, lately passed an act author-
izing the President to advance to the Alabama and Mississippi Rivers
Railroad Company the sum of $150,000 for the purpose of completing
this connection. The completion of this road, connecting, as it does,
with the Alabama River at Selma, and with the Southern Railroad
from Meridian to Yicksburg, at the earliest day practicable, is a
matter of importance. The road from Selma to Demopolis is under-
stood to be already completed, or nearly so. From Demopolis to
Reagan, a distance of some twenty-four miles, is understood to have
been in part graded, and from Reagan to Meridian, a distance of
twenty-seven miles, the grading and bridging is completed and the
iron in part laid down. The road from Selma to Reagan is under-
stood to belong to the Alabama and Mississippi Rivers Railroad Com-
pany, and from Reagan to Meridian to the Northeast and Southwest
Railroad Company.

CONFEDEEATE AUTHORITIES. 1049

I
In order to hasten the important work you will proceed to the line
of the road and confer with the president and directors of the Alabama
and Mississippi Rivers Railroad Company, and ascertain their views,
plans, and prospects in regard to an early completion of their road.
You will examine and supervise the work, and urge an early comple-
tion of the road; afford any aid you can in enabling the company to
procure the necessary labor and materials, and in directing the
proper application thereof ; advise with the officers of the company
on all matters connected with the early completion of the road ; see
tliat the proper arrangements are made by which to unite, upon
terms not embarrassing or expensive to the Government, the two
interests in the road, so as to secure through transportation without
a change of cars. You will' also see that proper arrangements are
made and suitable rolling-stock provided for the transportation over
the road of troops, munitions of war, provisions, and passengers, and
that suitable arrangements are made for crossing the Tombigbee
River until the company shall construct a bridge across the river.
You will report the progress of the work from time to time, with your
opinion as to when the roiite will be completed. It has been sug-
gested that a part of the iron necessary to complete the road from
Reagan to Meridian is in New Orleans, and that some difficulty has
existed in regard to its transportation to Meridian, growing out of
the fact that the New Orleans and Jackson Railroad is in the employ-
ment of the Government. Instructions will be given authorizing its
transportation over the road at the expense of the company. You
will receive the compensation of a captain of engineers while in the
employment of the Government.

GEO. W. RANDOLPH,

Secretary of War.

General Okders, ) War Department,

V Adjt. and Insp. General's Office,
No. 20. ) Bichmond, Apru 5, 1862.

I. From this date no authority will be granted by this Department
to raise new companies, battalions, or regiments, except upon appli-
cation approved by the general commanding the military department
in which the service of such corps are specially required and by the
Governor of the State in which it is proposed to raise the corps, if the
quota of such State has not been already mustered into service.

4c ^ 1^ ^ ifi ^ ^

'&y order of the Secretarj' of War:

S. COOPER,
Adjutant and Inspector General.

Confederate States of America, War Department,

Bichmond, April 7, 1862.
His Excellency Jefferson Davis,

President, &c.:
Sir: I have the honor to submit a communication from Major Ruf-
fin, of the Commissary Department, addressed to the Commissary-
General, and forwarded by him to this Department. * It sets forth the

* Not found.

1050

embarrassment experienced by the Commissary Department in pro-
visioning the Army under the rule of the Treasury Department
requiring requisitions to be paid one-half in bonds and one-half in
Treasury notes, and anticipates still greater difficulties if the propor-
tion of bonds be increased in conformity with a recent notice from the
Treasury Department. As the very existence of ou r armies is involved
in this matter, I respectfully submit that a larger proportion of
Treasury notes should be issued, or that authority be obtained for the
Secretary of the Treasury to sell the bonds at their market price and
current funds be furnished to the Commissary Department. The
impossibility of using bonds of large denominations in the purchase
of live-stock, and the evils of making every commissary and con-
tractor an agent for the sale of Government stocks, are so clearly
shown in Major RufBn's letter that I deem it unnecessary to add any-
thing to what has been so well said. I am aware of the difficulties of
increasing the issue of Treasury notes and small bonds, and of nego-
tiating bonds of large denominations; but the alternative of effecting
such increase or negotiation on the one hand, or of leaving the Army
without sufficient subsistence on the other, is of so serious a character
as to require our utmost exertions to overcome the difficulties.

I have the honor to be, very respectfully, your obedient servant,

GEO. W. RANDOLPH,

Secretary of War.

[April 7, 1862. — For Pemberton to Ripley, in relation to the organ-
ization of certain South Carolina troops for tlie war, see Series I, Vol.
VI, p. 427.]

Special Orders, j Adjt. and Insp. General's Office,

No. 80. S Richmond, April 8, 1862.

XVIII. On the discharge of troops leaving the service the com-
manders of regiments and battalions will take away all arms of every
description, whether public or private; private arms to be paid for
by the ordnance officer, or receipts given which will entitle the
holders to payment.

* * * * * * 4:

By command of the Secretary of War:

JNO. WITHERS,

Assistant Adjutant- General.

[April 8, 1862,— For Davis to Clark, in relation to the organiza-
ion of troops in North Carolina, see Series I, Vol. LI, Part II, p. 532.]

tion

Confederate States of America, War Department.

Richmoiul, April 8, 1862.
Governor F. R. Lubbock,

Austin, Tex.:
Sir: In reply to your letter of the 15th ultimo, you are respectfully
informed tliat no authority was issued in advance to Colonel Carter,

CONFEDERATE AUTHORITIES. 1051

or those associated with him, to raise the regiments of cavalry to
which you refer. These regiments were raised as an independent
enterprise, and were not tendered to the Department until already
organized. Authority was then given to muster them into service.
I fully concur in your opinion in regard to the difficulties arising
from individuals raising separate corps without concert with the
State Executive. It is out of my power, however, to afford any
remedy, except by refusing to grant such authority in future without
your consent and by reporting to you all troops mustered into the
C. S. service in Texas to be counted as part of the quota called for
by the President, until said quota shall have been completed.
Your obedient servant,

GEO. W. RANDOLPH,

Secretary of War.

AN ACT to authorize the advance of a certain sum of money to the State of

Missouri.

TTie Congress of the Confederate States of America do enact. That
the Secretary of the Treasury be authorized to issue to the State of
Missouri the sum of $1,000,000, authorized by an act entitled an
act for the relief of the State of Missouri, approved the 27th of Jan-
uary, 1862, upon the authorized agent or agents of said State, first
filing with said Secretary the sum of $491,500, in bonds of said
State of Missouri, as provided in said act, and executing a receipt for
the remainder of such advance conditioned for the filing of the
remainder of said amount in bonds of the State of Missouri, when-
ever the same can be convenientlj' done : Provided, Such remainder
in bonds shall be filed with said Secretary within six months after the
passage of this act.

Approved April 9, 1862.

General Orders, ) War Department,

> Adjt. and Inspector General's Office,
No. 22. ) Richmond, April 9, 1862.

The following regulations are published for the guidance of recruit-
: ing officers :

1. The muster-roll is the certificate of enlistment. No other blanks
are furnished.

2. The muster-roll must be sent to or deposited in the office of the
Adjiitant and Inspector General in Richmond. The recruiting officer
will retain in his possession (to be deposited with the records of his
company) a duplicate of this muster-roll.

3. A certified copy of this muster-roll will be a proper voucher for
the expenditure of the bounty money in cases where the receipts of
the recruits have not been taken.

4. The accounts for the settlement of the bounty money will be
handed in or sent to the Quartermaster-General's Office. All balances
of this fund will be turned over to an officer of the Quartermaster's
Department.

5. Accounts for the settlement of the contingent fund of the recruit-
ing service will be sent to or handed in to the superintendent of the
recruiting service.

1052 COEKESPONDENCE, ETC.

G. Officers will be careful not to confound this account with the
bounty money. Each fund is to be accounted for separately.

7. Officers on recruiting service are entitled to commutation of fuel
and quarters, at the monthly rate of $9 per room, and wood at the
market price of the locality where they are recruiting.

8. Sergeants and privates, when ordered on the recruiting service,
are entitled to 75 cents a day from the time of leaving their companies,
as commutation for their quarters and subsistence.

9. Recruits will be allowed 75 cents a day each as commutation
for quarters and subsistence from the date of enlistment to the day
of joining their companies, or until sxibsistence is furnished in kind.
This allowance will be paid from the contingent fund in the hands
of the recruiting officers.

10. Transportation will be furnished on railroads by the Quarter-
master's Department, and agents on the roads have been instructed
to forward parties of recruits on the certificate or requisition of
recruiting officers.

By order of the Secretary of War:

S. COOPER,
Adjukmt and Inspector General.

Confederate States op America, War Department,

Richmond, April 9, 1862.
Col. 'W R. R. Cobb,

Commanding Cobb's Legion:
Dear Sir: In consequence of a letter from Capt. W. J. Lawton, I
have had a conversation with the President in reference to your
legion, and Avas authorized to say that you can increase your infantry
and cavalry to eight companies, each retaining the legionary forma-
tion, or yoii can increase each to a regiment, in which case the legion
will be broken up. Captain Lawton represents you as having four
cavalry companies here, two organized in Georgia, and men enough
for three more. If, therefore, you increase the legionary cavalry to
eight companies, you will have one unattached, and this may unite
with the five raised by Captain Lawton to assist in forming his regi-
ment. Captain Lawt.on states that you have an artillery company in
Georgia. I think it will be best to leave it there, for the exigencies
of the service would soon detach it from you if armed ; and if unarmed,
it would be useless to bring it here to remain idle during the long
period that would elapse before we can furnish a battery. If you
have no objection to the exchange of the Dougherty Hussars for Cap-
tain King's company, as desired by Captain Lawton, it will be ordered.
Supposing that you would return to Suffolk I addressed a letter to
you there in response to your last letter. I think you had better
inform the gentlemen in Georgia expecting to join your legion that
the legionary formation is found to be so inconvenient that the
Department no longer authorizes it, and that the exigencies of the
service render it impossible for them to be united with you. Already
it has been found necessary to order Colonel McDaniel's regiment to
East Tennessee.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH,

Secretary of War.

CONFEDERATE AUTHORITIES. 1053

AN ACT to provide for keeping all firearms in the armies of the Confederate
States in the hands of effective men.

The Congress of the Confederate States of America do eTiact, That
the President be, and he is hereby, authorized to organize companies,
battalions or regiments of troops, to be armed with piltes, or other
available arms, to be approved by him, when a sufficient number of
arms of the kind now used in the service cannot be procured ; such
companies, battalions or regiments to be organized in the same man-
ner as like organizations of infantry now are imder existing laws.

Sec. 2. Be it fv/rther enacted, Tliat the President may cause the
troops armed and organized as herein provided, to servo as similar
organizations of infantry now do, or to attach troops so armed to other
regiments in the service, in numbers not exceeding two companies of
troops so armed to each regiment. And the colonel of the regiinent
to which such companies may be attached, shall have power to detail
men from such companies to take the place of men in the companies
armed with firearms, whenever vacancies may occur from death, or
discharge, or in cases of absence, from sickness, furlough, or any other
cause ; the true intent and meaning of this provision being to render
every firearm in the Army available at all times, by having it always
in the hands of a well and effective man.

Sec. 3. Immediately after the passage of this act it shall be the duty
of the Secretary of War to furnish a copy of the same to every general
in the service.

Approved April 10, 1862.

Richmond, April 10, 1862.
Hon. G. W. Randolph,

Secretary of War, Confederate States:
Sir: It is understood that it is the earnest desire of the Govern-
ment to cause the railroad connection between Selma, Ala., and
Meridian, Miss., to be completed at the earliest time possible, so that
the Government may have the use of the road for the transportation
of troops, munitions of war, provisions, &c. The Provisional Con-
gress passed an act authorizing an advance of $160,000 to the Ala-
bama and Mississippi Rivers Railroad Company to complete the con-
nection, and as a member of the board of directors of that company
it has been made my duty to submit the security required and to
receive the amount proposed to be advanced. It is proper, liowever,
that I should make known to you the fact that the sum of $150,000
will not be sufficient to complete the road and place upon it the
necessary rolling-stock to answer the expectations and probable wants
of the Government. When the application was made to the Provis-
ional Government for an advance of money for the completion of this
most important line of road it was hoped that the amount authorized
to be advanced, when added to that which the company reasonably
expected to derive from stock notes held by it, would be sufficient to
finish the road for use and furnish it to some extent with necessary
rolling-stock. But owing to the continuance of the blockade of our
ports, whereby our cotton crop has been withheld from market and
sale, the company has been unable to make collections, and the con-
tinued rise in railroad iron and rolling-stock has shown that the sum
proposed to be advanced when expended will leave the work still in
an unfinished state. It is the opinion of experienced engineers and

1054 CORRESPONDENCE, ETC.

other persons well acquainted with the cost of building and equip-
ping railroads that it will require, as the work now stands and under
existing circumstances, the sum of $500,000 to finish and equip the
entire road so as to place it at the earliest possible moment in such
condition as will enable it to fulfill the demands of the Govern-
ment. The company chartered to build this road has expended
already in its construction and in the purchase of stock and materials
very nearly or quite $1,000,000. It has some forty-five miles of its
road completed, the grading of most of the remainder under contract,
and about $300,000 of stock notes on hand, but now unavailable.
"With the aid of the Government the road could be entirely finished
in a few months, and when finished, in addition to the facilities
afforded for the transportation of troops and munitions of war, the
route of the road would open to the Alabama and Mississippi Rivers
the most productive gi'ain and provision country of the South. I will
venture to make to you this suggestion : Amount necessary to finish
and furnish the road, $500,000; amount already authorized, $150,000;
balance $350,000, say one-half in Treasury notes and one-half in Gov-
ernment bonds. If the Government will consent to make the addi-
tional advance in Treasury notes and bonds the repayment of the
amount Avill be secured by lien on the entire road and its rolling-stock,
fixtures, &c. , and the company will stipulate to place the road subject
to the control of the Government when required for war purposes,
and to receive on account of any freight or services rendered by the
road to the Government a credit on the debt incurred by the pro-
posed advance till the whole amount be extinguished. The company
will also consent, if required, to secure the advance by mortgage on
the road, &c. , with power of sale, so that payment can be enforced
before the bonds of the Government shall mature. The imdei'signed
submits these suggestions in order that some plan may be devised to
accomplish at the earliest possible day the wishes of the Government
in regard to the work in question, and is prepared to make any state-
ment in explanation that may be required.

Very respectfully, your obedient servant,

JAMES L. PRICE.

[April 10, 1862. — For Milton to Randolph, in relation to the organ-
ization of troops in Florida, see Series I, Vol. LIII, p. 230.]

AN ACT for the organization of a corps of oflacers for the working of niter caves
and establishing niter beds.

Hie Congress of the Confederate States of America do enact, That
for the purpose of procuring a supply of niter, adequate to the wants
of the Government, during the continuance of the war with the United
States, the President be, and he is hereby, authorized to appoint a
corps of oflicers, consisting of one superintendent, with the rank, pay
and allowances of a major of artillery, four assistants, with the rank,
pay and allowances of a captain of artillery, eight siibordinates, with
the rank, pay and allowances of first lieutenants of artillery.

Sec. 2. The duties of the oflicers, under the supervision of the Chief
of Ordnance, shall be to inaugurate and prosecute a system for the
efficient working of the niter caves, and to purchase and contract

CONFEDERATE AUTHORITIES. 1055

for the delivery of niter produced within the limits of the Confed-
erate States; to inspect the niter caves and other natural deposits of
nitriferous earth, and to report the probable annual supply from
these sources, and the extent and economy, or otherwise, with which
they are now being worked by privat* enterprise ; to establish niter
beds in the vicinity of the principal cities and towns of the Confed-
eracy, and to contract for the necessary grounds, sheds, &c., and for
the offal and other materials used in the preparation of niter beds; to
diffuse information and to stimulate enterprise in the production of
an article essential to the successful prosecution of the war. The
superintendent will make reports, at stated periods^ to the Chief of
Ordnance, to be submitted to the Secretary of War, for the informa-
tion of Congress. This organization to be continued at the discretion
of the President.

Approved April 11, 1862.

JOINT RESOLUTION of thanks to the patriotic women of the country for vol-
untary contributions furnished by them to the Anny.

Resolved by the Congress of the Confederate States of America, That
the thanks of the Congress of the Confederate States are eminently
due, and are hereby tendered, to the patriotic women of the Confed-
eracy for the energy, zeal, and untiring devotion which they have
manifested in furnishing voluntary contributions to our soldiers in the
field and in the various military hospitals throughout the country.

Approved April 11, 1862.

Confederate States of America, War Department,

Richmond, April 11, 1862.
His Excellency Jefferson Davis,

President Confederate States of America:
Sir: In response to the resolution of the House of Representatives
requesting the President to communicate what steps have been taken
to carry out the act for connecting the Richmond and DanviUe and
the North Carolina railroads, and for the connection of the railroad
from Selma, in Alabama, to Meridian, in Mississippi, I have the honor
to inform Your Excellency that the surveys of the former have been
made and the report of the engineer will probably be received to-mor-
row, and that an agent has been sent south to examine and i-eport
what steps should be taken to complete the latter connection.
Very respectfully, your obedient servant,

GEO. W. RANDOLPH,

Secretary of War.

Confederate States of America, War Department,

Richm,ond, April 11, 1862.
Capt. John N. Maffitt, C. S. Navy:

Sir: You are authorized to take the entire control of all vessels
loaded with arms and munitions of war for the Confederate States
which you may meet in your intended trip, and to bring them into
such ports as you may select with their cargoes, or to transship such
cargoes in other vessels. You will in all cases destroy such arms and

1056 COBRESPONDENCE, ETC.

munitions, if necessary, to prevent them from fallinj? into the hands
of the enemy, and the vessels also, if the property of tlie Government
or citizens of the Confederate States. You will confer with Mr. L.
Heyliger, the agent of the Government at Nassau, and act in con-
junction with him. He will receive instructions to the same effect.
If necessary, you will discharge the ofiiccrs and crew of such vessels
and substitute othere in their stead.
Very respectfully,

GEO. W. RANDOLPH,

Secretory nf War.

Confederate States of America, War Department,

Richmond, Va., April 11, 1S62.
L. Heyliger, Esq.,

Nassau :
Sir: Capt. John N. Maffitt, C. S. Navy, has been instructed by this
Department to take the entire control of all vessels laden with arms
and munitions of war for the Confederate States which he may meet
with on his present voyage, and to bring them into such ports as he
may select, or to transship their cargoes to other vessels and take con-
trol thereof. He is also authorized to adopt any measures which he
may deem necessary to secure the safe arrival of such vessels and
their cargoes or to prevent their falling into the hands of the enemy.
Captain Maffitt is instructed to confer with you, and you will act in
concert with him in all matters touching this commission.
Your obedient servant,

GEO. W. RANDOLPH,

Secretary of War.

Charleston, April 11, 1862.
Hon. G. W. Randolph,

Secretary of War, Richmond:
Dear Sir: We had the honor to receive in due course your dis-
patch of the 7th instant, and Captain Maffitt having consented to go
to Richmond and see you personally in relation to the Theodora, a
reply to the dispatch seemed unnecessary. We liave now the satis-
faction to inform you that the steamer Southwick has arrived safely
at Nassau with her valuable cargo. For particulars we beg reference
to the accompanying letters from Mr. Heyliger. The course adopted
is precisely in conformity with the instructions we sent our agent, Mr.
Lafltte. He was unfortunately absent in Havana. The selling of the
Cecile was unfortunate, and we hope some arrangement may be made
about the Theodora. The Kate will be ready about the 20th instant
to depart from this port. The blockade along the South Atlantic
coast is more rigid than at any time since it commenced. We are
sorry to say that the T. L. Wragg, after coasting along for some days
from Charleston to Wilmington, had to return to Nassau to replenish
her coal. The state of the moon was one cause of her failure, and
she will return when the nights are dark. Captain Lockwood, of
whom Mr. Heyliger speaks, was on board and landed in a small boat.
The T. L. Wragg has a good pilot (Jones, who brought in and carried
out the Economist). We had instructed him to leave the latter at
Nassau, where she had to go for coal. The steamer Herald, one of
our ships, is safe at Bermuda. She has on board 200,000 pounds

CONFEDERATE AUTHORITIES. 1057

powder and some large guns. The Bermuda is also there with a large
and valuable cargo. The Herald will attempt one of our ports when
the dark nights set in. Be good enough to consider this information
as strictly confidential. We have cautioned Mr. Ilalfman not to speak
of it.

Wc remain, dear sir, yours, respectfully,

JNO. FKASER & CO.
The Economist arrived at Nassau before the T. L. Wragg left.

fluclosure No. ].]

On Board Steamer Thos. L. Wragg,

Cochrane's Anchorage, April 5, 186"2.
Hon. G. W. Randolph,

Secretary of War, Richmond:
Sir : The Wragg is now loaded and ready for sea. SJio has on board
1,856 packages, comprising 1,040 kegs of powder, sonic 5,000 rifles,
bales blankets, boxes tin pans, &c. I cannot return the exact con-
tents, but Messrs. John Fraser <fc Co. received a correct return of the
marks, measurement, <fcc., which, compared with the invoices, will
furnish a precise return of the cargo. Mr. Half man, the supercargo
of the Southwick, leaves by the Wragg, and carries the dispatches
relative to the steamer's cargo.

I am, with great respect, your obedient servant,

L. HEYLIGER.

[luclosure Xo. 2.]

Nassau, April 5, 1862 — midniyhf.
Hon. G. W. Randolph,

Secretary of War, Richmond, Fa..-
Dear Sir: I have just returned from Cochrane's Anchorsige, and
find that the steamer Economist arrived two hours since with cotton
from Charleston. The captain says she is a Government vessel, but
all the correspondence in relation to her must have been addressed to
Mr. Lafitte, the agent of Fi-aser & Co. Unfortunately Mr. Lafitte is
absent, and no one is authorized to open his letters. Messrs. Hy.
Adderly & Co. are also entirely without instructions. If there are
any advices for me they must be imder cover to Lafitte. The Econo-
mist requires coal, as the captain says the understanding is he is to
proceed to England. Just now there is no coal here, but a supj)ly is
daily expected. I shall commence discharging the Soulhwick's cargo
and storing it on Monday, the day after to-morrow. Tlie captain is
disposed to be ugly, and both to avoid difliculties and to save the
Government a demurrage of $200 per day 1 consider it the best policy.
Everything in my power will be done to protect the Government
interest.

I am, verj' respectfully, your obedient ser\'ant,

L. IIEYLIGER.

P- S. — Captain Lockwood has concluded to go on the Wragg.

AN ACT to provide further means for the support of the Government.

The Congress of the Confederate States of America do enact, That
the Secretary of the Treasury be, and he is hereby, authorized to issue,
67 R K — series IV, VOL I

1058 CORRESPONDENCE, ETC.

in addition to the amounts heretofore authorized to be issued by an
act entitled "An act to authorize the issue of Treasury notes and to
provide a war tax for their redemption," approved August 19,
1861, and by the further supplemental act to the above-cited
act, approved December W, 1861, from time to time, as the public
necessities may require, Treasury notes, certificates of stock, and
bonds, not to exceed in the aggregate the sum of $215,000,000, of
which 150,000,000 shall be in Treasury notes, to be issued without
reserve; $10,000,000 in Treasury notes, to be used as a reserve fund,
and to be issued to pay any sudden or unexpected call for deposits;
and $165,000,000 certificates of stock or bonds: the said Treasury
notes, certificates of stock, and bonds to be issued under the same
forms, conditions and restrictions as are provided by the above-cited
acts, in every respect and particular: Provided, liowever, That the
Secretary of the Treasury may, if he shall deem the same advisable,
effect a loan, at home or abroad, in specie funds or bills of exchange
or Treasury notes, by a sale of the said bonds or stock upon such
terms as may be found practicable : And provided, further. That all
bonds issued under this section shall be made redeemable at the
pleasure of the Government after the expiration of ten years from
their respective dates, but the faith of the Government shall be
pledged to redeem the same at the expiration of thirty years from such
dates.

Sec. 2. The Secretary of the Treasury may issue in exchange for
any of the Treasury notes which may be issued under this or any
other law, bonds or certificates, payable in not more than ten years,
at a rate of interest not exceeding 6 per cent, per annum, payable
semi-annually, to the extent of $50,000,000, which $50,000,000 shall
constitute part of the $165,000,000 of stock and bonds above author-
ized ; the said bonds or certificates to be reconvertible, at the pleasure
of the holder, into Treasury notes, and the said exchange and re-ex-
change to be subject to such regulations as the Secretary of the
Treasury may prescribe.

Sec. 3. The foi-m of the said bonds or certificates aiithorized by the
second section above, shall be determined by the Secretary of the
Treasury; the said certificates may be issued with or without coupons,
and may be made payable to order or bearer, as may be deemed
expedient.

Approved April 18 [12], 1862.

Confederate States of America, War Department,

Richmond, Va., April 12, 1862.
His Excellency Governor J. E. Brown,

MilledgevUle, Oa.:
Dear Sir: I have just received your kind letter of the 3d, and
reciprocate most cordially your wishes for harmonious action between
the State and Confederate Government in the present contest. In a
struggle which involves the existence of both, I am persuaded that
we only need mutual patience and forbearance to insure a good under-
standing. Sometimes things may happen requiring explanation,
and all that we should ask is the opportunity for such explanation.
The conscription bill passed the Senate yesterday by a vote of 19
to 5, and will, no doubt, go through the House. This will render
a redistribution of arms unnecessary, and I hope will effectually

CONFEDERATE AUTH0KITIE8. 1059

secure to the troops of each State the arms furnished them by their
own State. The exigencies of the times require many things which
under other circumstances would be wholly unjustifiable, and accord-
ingly the Provisional Congress, on January 22 last, passed an act
requiring that the arms of the volunteers now in service should be
kept within the control of the President. (See act No. 363.) Noth-
ing but the extreme peril to be apprehended from a dispersion of the
arms in the hands of the troops, and the belief that the States would
acquiesce in a measiire absolutely essential to their own safety, would
induce the Government to adopt a measure at first sight arbitrary;
but if the failure of the conscription bill should render it necessary
to execute the law, I shall endeavor to keep the arms furnished by
each State as far as practicable m the hands of her own troops, and
will issue the orders necessary to effect this.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH,

Secretary of War.

[April 12, 1862. — For Pettus to Beauregard, reporting number of
men at the various rendezvous in Mississippi, preparing to enter the
Confederate sex-vice, see Series I, Vol. LII, Part II, p. 301.]

AN ACT for the payment of musicians in the Army not regularly enlisted.

The Congress of the Confederate States of America do enact, That
whenever colored persons are employed as musicians in any regiment
or company, they shall be entitled to the same pay now allowed by
law to musicians regularly enlisted: Provided, That no such persons
shall be so employed except by the consent of the commanding offi-
cer of the brigade to which said regiments or companies may belong.

Approved April 15, 1862.

General Orders, ) War Department,

V Adjt. and Insp. General's Office,
No. 23. ) Richmond, April 15, 1862.

Parties who have been authorized by the War Department to raise
troops in Texas are prohibited from enlisting or receiving twelve-
months' men, and all authority heretofore granted by this Govern-
ment to raise troops in any State is hereby revoked,, unless the
organization is completed and the muster-rolls returned to this office
within sixty days from the date of this order.
By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

SPECLA.L Orders, ) Adjt. and Insp. General's Office,

No. 86. j Richmond, April 15, 1862.

*******
VIII. Military commanders are directed and officers of the Niter
Bureau are authorized to seize niter in the hands of private individ-
uals who either decline to sell it or ask more than 50 cents per pound

1060 CORRESPONDENCE, ETC.

for it. Certificates of impressment will be given by the officers mak-
ing the seizure, which will entitle the party to the money when pre-
sented to any officer of the Niter Bureau, or the money may be paid
at the time of the seizure. All quartermasters are directed to give
precedence in transportation to niter over all other Government
stores.
By command of the Secretary of War:

JNO. WITHERS,
Assistant Adjutant- General.

Richmond, April IS, 1862.
Honorable Secretary op War of Confederate States:

Sir: The act of the 16th of February last to provide for the con-
nection of the railroad from Selma, in Alabama, to Meridian, in
Mississippi, authorizes the President to advance to the president and
directors of the Alabama and Mississippi Rivers Railroad Company,
for the purposes stated, the sum of $150,000, upon such terms and
conditions as he may deem best to secure the early completion of the
proposed connection and to secure the repayment of the money ad-
vanced. Understanding it to be the desire of the Government to
cause this connection to be made at the earliest possible day for mili-
tary purposes, the undersigned, a member of the Board of Directors
of said company, caused the acting chief engineer to prepare and
furnish proper estimates of the work now to be done, and from these
was of the opinion, in view of the increased and increasing price of
railroad iron, supplies, &c. , and the increased cost which such prompt
work would necessarily involve, that a further advance of $200,000
would enable the company to complete the proposed connection in
time to meet the wishes and probable exigencies of the Government.
The undersigned, however, was perfectly aware that though the road
bed could be thus finished, the rolling-stock of the company would
be entirely inadequate for the probable requirements of the Govern-
ment, but supposed that in case of necessity the Government might
transfer to this road the rolling-stock of other roads not so imme-
diately important, and it was the intention of the undersigned to
have mentioned this sum ($200,000), but by the advice of experienced
railroad men he was induced to suggest an amount that would cer-
tainly not only complete the road bed in the shortest possible time,
but also furnish an ample supply of rolling-stock. The undersigned
did not intend by this application for an increased advance to convey
the impression that the company would be unable' to finish the I'oad
with the aid of the $150,000 already authorized. His sole object was
to hasten the work and meet the wishes of the Government at the
earliest possible day. The company holds a large amount of stock
notes on persons of unquestioned solvency, the payment of which is
now delayed for want of a market for cotton; but the Board, with the
aid already authorized, will proceed with all possible diligence to
complete their road, and its president has already, relying on this aid,
taken steps to procure the necessary amount of railroad iron, now
becoming alarmingly scarce in the Confederate States. The under-
signed has deemed it advisable to say this much in explanation of his
former communication, and will now, in behalf of the company which
he represents, submit the following proposition and statement, viz:
That the said sum of $150,000 be loaned to said company for the term

CONFEDERATE AUTHOKITIES, 1061

of ten years without interest, with a provision that the company in
its transportation shall always give preference to freights belonging
to the Confederate Government; shall charge for the same snch rates
as are customary on railroads in the Confederate States, and payment
therefor shall be entered as a credit on the obligation of the company.
As security for the repayment of the sum loaned the company offers
its bond, secured by a mortgage on its entire road, including rolling-
stock, fixtures, machine-shop, depots, &c. That the security offered
is amply sufficient the following approximate statement of the condi-
tion of the company will show:

From Selma, on the Alabama River, to Demopolis, on the Tombig-
bee River, is fifty miles, of which forty-five miles are in running
order, with rolling-stock now sufficient for the present and ordinary
business of the road. The balance of this distance is already graded
and prepared for the superstructure. At Demopolis it is contem-
plated to connect temporarily by a steam-boat with McDowell's Bluff,
a distance of about five miles. From McDowell's Bluff to Reagan, on
the Northeast and Southwest Railroad, is about twenty-four miles, of
which nearly one-half is now graded, and the contractors still at
M'ork. From this it will be readily perceived that there has been
already expended on the road more than $1,000,000, to which is to be
added as a part of the assets of the company more than $300,000 of
good stock notes, now unavailable because due by planters whose
means of payment are obstructed by the blockade. Upon the first
thirty miles of road there is a mortgage to secure the payment of
bonds of the company to the amount of $150,000, of which about
$125,000 have now been used. Besides this, there is a mortgage upon
the whole road to secure the repayment to the 2 per cent, fund of
probably $150,000 more. Thus it will be seen that the security offered
presents assets reasonably worth about $1,500,000, encumbered by
liabilities amounting to aboul^ $300,000. If required, personal secu-
rity will be given for the faithful application of the money and for
the completion of the road as speedily as possible. As this matter
detains me from other important business, I venture to hope that you
will give it prompt attention, and remain,
Very respectfully, yours truly,

JAMES L. PRICE.

P. S. — It is suggested as a matter of convenience that the agent of
the Government, Mr. Gaines, who has been sent out on business con-
nected with the road, be instructed to take the bond and mortgage
and have the mortgage recorded and the papers returned to you, and
upon this being done that the company bo authorized to receive the
advance. Dispatch is highly important to the company, so as to
enable it to secure the iron partially contracted for.

J. L. P.

Richmond, Va., April 15, 1862.
Governor H. T. Clark,

Raleigh, N. C:
An act has passed both Houses of Congress* placing in the military
service of the Confederate States for three years or the war all per-
sons between eighteen and thirty-five years of age who are not legally

*lt was approved April 16, 1863, and promulgated in General Orders, No. 30,
Adjutant and Inspector General's Office, April 28, 1863, for which see p. 1094.

1062

exempt from military service ; all twelve-months' volunteers within
those ages to serve two years from the expiration of their term of
enlistment, and all of them under eighteen and over thirty-five to
remain ninety daj's unless their places are sooner supplied by recruits.
The twelve-months' men who have not received bounty and furloughs
are to have them, the furloughs to be granted in such numbers and at
such times as the Secretary of War may deem compatible with public
service. Re-enlistments for the purpose of changing from one regi-
ment, battalion, or company to another, unless already perfected by
actual transfer, are in effect canceled, and all authorities to raise new
corps are vacated, unless within thirty daj's from the passage of the
act the organization is complete and has the requisite number recruited
from persons not now in service. Companies of infantry are to
have 125, field artillery 150, cavali-y 80. All corps of twelve-months'
volunteers shall have the right within forty days, on a day to be
fixed by the commander of the brigade, to elect all their officers which
they had a right heretofore to elect, such officers to be commissioned
by the President. All white males between eighteen and thirty-five,
subject to military duty and not now in service, are to be enrolled and
mustered in and sent to the old regiments. AH further discharges
from expiration of term of service and transfers of re-enlisted men to
new corps will be immediately stopped.

GEO. W. RANDOLPH,

Secretary of War.

(The same addressed to Governor F. W. Pickens, Cohimbia, S. C. ;
Governor Joseph E. Brown, Milledgeville, Ga. ; Governor John Milton
(per Governor Shorter) ; Governor J. G. Shorter, Montgomery, Ala. ;
Governor J. J. Pettus, Jackson, Miss. ; Governor T. O. Moore, New
Orleans, La. ; Governor F. R. Lubbock, Austin, Tex. ; Governor H. M.
Rector, Little Rock, Ark. ; Governor I. G. Harris, Memphis, Tenn. ;
Governor G. W. Johnson (per Governor Harris); Governor C. F.
Jackson (per Governor Harris) ; also sent to Major-General Magruder,
Yorktown, Va. ; Major-General Ewell, Rapidan Station, Va. ; Brigadier-
General Field, Fredericksburg, Va. ; Major-General Jackson, care
quartermaster, Staunton, Va. ; Brig. Gen. E. Johnson, care quarter-
master, Staunton, Va. ; lirigadier-General Heth, Lewisburg, via W.
S. S., Va. ; Brig. Gen. H. Marshall, Gladesville, care quartermaster at
Abingdon, to be forwarded; Maj. Gen. E. K. Smith, Knoxville, Tenn. ;
Maj. Gen. B. Huger, Norfolk, Va. ; Brig. Gen. T. 11. Holmes, Golds-
borough, N. C. ; Major-General Pemberton, Pocotaligo, S. C. ; Briga-
dier-General Lawton, Savannah, Ga. ; Maj. Gen. " Samuel Jones,
Mobile, Ala. ; Maj. Gen. M. Lovell, New Orleans, La. ; General Beau-
regard, Corinth, Miss.)

Savannah, April 1,5, 1862.
Hon. G. W. Randolph,

Secretary of War:
I have just received your telegraph informing me of the passage of
the conscription act. I have not seen the act, but presume you may
construe it as disbanding the Georgia State troops. The troops are
going out of service and the public exigencies require prompt action.
Under the correspondence with you and General Lee, I had commenced
re-enlisting them in the State service for three years, giving a credit

CONFEDERATE AUTHORITIES. 1063

of the six months they have served. I now propose to cease my oper-
ations and to turn over the troops who yet remain in service, with the
responsibility, to yoii immediately, in such manner as may be most
agreeable to the President, as it is necessary to the safety of Savan-
nah that the number of the State troops be immediately increased if
they are kept in State service. I ask an immediate reply by telegraph
to this place.

JOSEPH E. BROWN.

Richmond, Va., April 15, 1862.
Governor Brown,

Savannah :
Keep the troops together, as it will cause great trouble to enroll and
bring them back if they disband. The act authorizes the President,
with the consent of the Governor, to employ the enrolling officers of
the State for the purpose of enrolling those not in Confederate serv-
ice. You can, therefore, employ your enrolling officers immediately
to enroll the men, and I will send instructions for their organization.
All between eighteen and thirty-five are to be in the Confederate
service; the remainder may be organized by the States.

GEO. W. RANDOLPH,

Secretary of War.

Richmond, April 15, 1862.
Col. Samuel A. Roberts,

A. A. G., Prov. Army, C. S., Bonham, Fannin County, Tex.:
Sir: The Secretary of War directs me to say, in reply to your letter
of the 15th ultimo, that when the muster-rolls of the regiment referred
to are returned to this office the staff will be duly appointed. In the
meantime if the troops are ready to march, quartermasters and com-
missaries may be detailed to attend them from the subalterns of the
regiment, and this detail authority is hereby given you to make.
Very respectfully, &c.,

R. H. CHILTON,
Assistant Adjutant- General.

P. S. — General Orders, No. 23, in print, prohibits the reception of
any twelve-months' men, and requires all returns of rolls to be made
in sixty days from its date, or the authority to raise the troops is
revoked. A copy of the order will be sent you.*

Bonham, Tex., April 15, 1862.
Samuel Cooper,

Adjutant and Inspector General, C. S. Army :
Sir: This will be handed to you by Lieutenant Stratton^ of one of
the infantry companies just mustered in for the war. I liave sent
him as a special messenger to be certain to obtain a reply to the sev-
eral matters to which I would call your attention, and in doing so
shall have to recapitulate much that is contained in my former letters
(four by mail and one by telegraph from Clarksville, in Arkansas), to

* See p. 1059.

1064 COERESPONDENCE, ETC.

not one of which have I received any reply. This must be owing to
some defect in the mails. It has now been two months and a half
since I left Richmond under special orders, the 3d of February, to
raise five regiments of infantry for the war. I fear I shall be tedious,
but it is necessary that I should write as if none of my letters have
reached the Department, for I have no assurance that they have. I
was assured by the War Department that after that period no other
commissions would be given to any one to raise mounted troops in
Texas, and none would be received for a shorter term than three years
or the war. As soon as I reached the district assigned to me in which
I was to raise the regiments I issued my circular and commenced a
personal travel through the different counties to effect my object.
Right upon my heels came the circulars and addresses of at least half
a dozen gentlemen, calling for cavalry for twelve months, and stating
thej' had the authority of the Government for so calling, and this in
the very district assigned to me for infantry. Some have organized
without pretense of authority from the Government. Eleven com-
panies are at this moment over at Washita, in the Indian Territory,
forty miles north of this, and are to elect their field officers to-morrow —
all cavalry, recruited in this and adjoining counties for twelve months.
To mention other regiments, M. T. Johnson has raised three. Colonel
Darnell one. Colonel Burford one, Colonel Clark one. Colonel De
Morse one, nearly ready, &c. There are several raising battalions,
and some recruiting for companies in the field, with only a few months
unexpired term. These several calls being for shorter terms, and all
cavalry, are greatly preferred, and while I have to compete with them
I can make but slow progress with infantry for the war, and it is on
this account only I now refer to these matters. Up to this time two
companies only have reported ; somehalf dozen others, I am informed,
will be on in a few days, and here another difficulty meets me. The
Government as yet has neither sent me a quartermaster nor commis-
sary, both of which wei'e promised in my orders of the 3d of Febru-
ary. The Quartermaster-General in Richmond informed me he had
appointed Travis G. Wright, of Lamar County, quartermaster of the
depot by me to be established, and I supposed had, but when I called
on Mr. Wriglit he knew nothing about it. Having no information of
the appointment of a commissary, circumstances compelled me to
nominate one myself, and Mr. John W. Fraley, perhaps the very best
man in North Texas, has been acting, and through his exertions I
have been able on the credit of the Government to provide for the
immediate support of the companies reported, and of those also who
will be along in a few days. The quartermaster's, purchases I have
been compelled for a like reason to intrust to special agents. You
will at once appreciate the difficulty of my position, and I trust to
your prompt action to relieve it. I ask that the Government will at
once send to Mr. Wright his appointment as quartermaster, and to
Mr. Fraley, if they approve my appointment, his as commissary— I
will see that they will file the necessary bond — and I ask further that
you furnish me at least with money enough to pay the bounty and
commutation of clothing on his enlistment. Without the promise of
this I cannot get a man. I hope you will send this money with what-
ever sum besides you assign for the quartermaster's and commissary
departments by Lieutenant Stratton. The Government credit has
been strained through this section until prices have nearly doubled.
I am applied to constantly to muster into service and provide an outfit
for cavalry regiments enlisted for the war. It is generally understood

CONFEDERATE AUTHORITIES. 1065

that this is the Government depot for Northern Texas. I so under-
stood it mj^self , but as the Government has sent no quartermaster or
commissary, nor given any special instructions on this head, I can
only say to applicants I have no authority on this head. It would,
however, be a great saving to the Government and a great conven-
ience to the military of the State to have this a depot for general sup-
plies and payment of Government debts, &c. Please give me special
instructions on this head. May I muster in two or three artillery
companies for the war ? Am I authorized to employ drill-masters not
in the service for companies or regiments in camp? I have employed
one, and told him I thought the Government would allow him the pay
t)f lieutenant of infantry. His services are very essential to the drill-
ing of tlie company under his charge, there being no one capable of
performing this duty among them. I hope you will give Lieutenant
Sti'atton all the dispatch j)ossible, as I shall be sadly embarrassed
until his return.

Very respectfully, your obedient servant,

SAML. A. ROBERTS,
Assistant Adjutant- General, Provisional Army, C. S.

P. S. — I have informed Lieutenant Stratton that he would be allowed
transportation going and coming. As I have no means of advancing
it I liope the Government at Richmond will furnish it. The clerk, in
copying the foregoing, signed my name inadvertently. I recognize it,
however, as mine.

SAML. A. ROBERTS,
Assistxint Adjutant- General, Provisional Army, C. S.

Generai^ Orders, ) War Department,

[ Adjt. and Insp. General's Oppice,
No. 24. ) Richmond, AprU 16, 1862.

I. All officers assigned to ordnance duty with troops in the field
will be reported to the Adjutant and Inspector General of the Army,
and will report by letter to the Chief of the Ordnance Bureau in
Richmond.

II. Every general in command of an army corps will, if no officer is
assigned to his army for the purpose, designate an officer for ord-
nance duty as chief of ordnance of that army, who shall while on such
duty, if of inferior grade in the Confederate Army, be entitled to the
rank and pay of a major of artillery.

III. Every major-general in command of a division or brigadier-
general whose brigade constitutes a separate command will under
like circumstances designate an officer for ordnance duty as division
ordnance officer (or brigade ordnance officer, if the brigade consti-
tutes a separate command), who shall, if a subaltern in the Confed-
erate Army, have the rank and pay of a captain of artillery.

IV. Officers so appointed shall be selected on account of fitness for
ordnance duties and shall be considered as attached to the Ordnance
Bureau, and will not be changed except by authority obtained from
the headquarters of the Army through the Chief of the Bureau of
Ordnance.

V. Every commanding officer of a regiment will select from the
non-commissioned officers of the regiment the one best qualified for
the duty of ordnance sergeant, and will appoint him acting ordnance

1066 CORRESPONDENCE, ETC.

sergeant. Such non-commissioned officer will have charge of all the
surplus ordnance stores of the regiment, and will make returns of the
same to the Ordnance Bureau. The arms and accouterments of the
sick and disabled of the regiment will be turned over to and be
accounted for by him. He will exercise supervision over the arms
and ammunition in the hands of the men, and report any waste or
damage to the division ordnance officer through the colonel of the
regiment. All such appointments will be reported through the gen-
eral headquarters to the Chief of the Ordnance Bureau.

VI. The chief of ordnance of an army will require reports monthly
or oftener from division ordnance officers, and will be responsible for
the supply of ordnance and ordnance stores with the army to which
he is attached.

VII. The division ordnance officers wiU make reports monthly or
oftener if required to the chief of ordnance of the army to which the
division belongs. They will be responsible for all ordnance stores
with the division — not in the hands of troops — and make returns
thereof to the Bureau of Ordnance.

VIII. Chiefs of ordnance of armies and all ordnance officers in the
field are attached to the staffs of their respective commands, but will
nevertheless conform to such orders and instructions received from
the Chief of the Bureau of Ordnance in relation to the execution of
their appropriate duties as do not interfere with the orders of the
commanding officers in the field.

IX. It is especially enjoined on all officers of ordnance to prevent
waste of small-arms and field ammunition in the hands of troops, and
to cause unserviceable ammunition to be sent off to the nearest ord-
nance depot. Arms, accouterments, and equipments which cannot be
repaired in the field will in like manner be forwarded for immediate
repairs.

X. Ordnance officers serving on the staff of generals commanding
wiU not enter into contracts for or purchase ordnance supplies except
in case of necessity on the authority of the general, which must be
attached to the contract, or account for such purchase. The exigency
requiring the contract or purchase will also be stated therein.

By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Confederate States of America, War Department,

Richmond, April 16, 1862.
James L. Price, Esq.,

Present :

Sir: Your letter of the 15th instant has been received. In pursu-
ance of the act of Congress the sum of $150,000 will be paid to the
president of the Alabama and Mississippi Rivers Railroad Company
for the purpose of completing the railroad connection between Selma,
in Alabama, and Meridian, in Mississippi. When a mortgage on the
road and its appurtenances shall have been recorded and satisfactory
personal security given for the proper application of the money, the
agent of the Government, Mr. Gaines, must report on the sufficiency
of both.

Respectfully,

GEO. W. RANDOLPH,

Secretary of War.

CONFEDERATE AUTHORITIES. 1067

Richmond, April 16, 1862.
Governor Brown,

Savannah :
The State troops subject to conscription may volunteer either in
the old regiments or in those authorized to be raised. Authorities
heretofore granted run thirty days from the passage of the act, which
was approved to-day. Persons subject to conscription, who do not
volunteer, are to be assigned to companies now in service.

G. W. RANDOLPH,

Secretary of War.

Savannah, April 16, 1862.
Hon. G. W. Randolph,

Secretary of War:
After receiving your dispatch of this morning I called on General
Lawton and invited him to accept the command of the State troops, as
well those who are not embraced in the conscription act till the end
of their term as those who are conscripts. General Lawton has
accepted the command, and General Jackson has retired. I ask that
you permit the conscripts taken from the State troops to elect their
own company and field oflftcers. I have also left the State arms in
their hands, on condition accepted by General Lawton that the arms
are to be returned to the State immediately if the troops having them
are to be ordered out of the State.

JOS. E. BROWN.

Savannah, April 16, 1862.
Hon. G. W. Randolph,

Secretary of War:
There are here over 5,000 State troops turned over to the Confed-
eracy. Some 3,000 have gone out of service, most of whom will
return. General Jackson has after great labor brought them up to a
high state of proficiency as soldiers; probably none in your service
excel them. The transfer leaves him without a command, after he
has trained the troops and prepared the defenses assigned to him. It
would be injustice to him to expect him to take a position to be
ranked by those who have long been his juniors. We can ill afford
to lose his services at this critical moment. I think I only repre-
sent fairly the wish of the people of Georgia when I ask that he be
appointed a major-general and assigned to the command of the troops
lately under his control.

JOS. E. BROWN.

Savannah, April 16, 1862.
Hon. G. W. Randolph,

Secretary of War:
Will Colonel Chastain, Colonel Harrison, and Colonel Watkins,
under the commissions they hold from you, be allowed to recruit their
regiments in thirty days from the State troops ? Each commands a
State regiment.

JOS. E. BROWN.

1068 CORRESPONDENCE, ETC.

Marshall, Tex., April 16, 1862.
[Hon. G. "W. Randolph:]

My Dear Sir: It is a subject of general remark among intelligent
men that if for the next six months the War Department of the Con-
federate Government is managed as it has been for the past six the
countiy is irretrievablj' ruined. Although advised that the enemj'^
were raising an additional number of men to the amount of half a
million, and that $400,000 [sic] had been voted to put the machinery
in motion for our subjugation, and with a full knowledge that one
Southern raw recruit was worth two raw recruits from the North, yet
the War Department was content to lie idle and supinely wait the
stupendous preparations of the enemy. (2) The inefiScient Army we
have had in the field has been rendered comparatively worthless by
the character of officers that have commanded it, and the want of
moral courage in the War Department to hold them to a proper
accountability. Attention has been called to the notorious drunken-
ness and inefficiency of officers, and their names given, and the next
news was that instead of these men being court-martialed or dismissed,
they have been promoted. (3) The fall of Fort Donelson and the
occupancy of Nashville exhibited the lamentable condition of our
defenses. The people felt — and justly felt — deceived and betrayed.
Never has there been congregated on the earth's surface so united, so
patriotic, and so unselfish a people. All they require is a Government
that will stand by them. Lot me beseech you to learn wisdom from
the errors of your predecessor, or, if you do not know yourself to be
competent, to give the place to some one who is. After the fall of
Fort Donelson it was hoped that the day of errors had passed. But
what is the result? We behold the same weak, vacillating policy con-
tinued which brought us to the verge of ruin then. I can only judge
by what I see in this State. Here various commissions were given to
Tom, Dick, and Harry to raise regiments of twelve-months' volun-
teers, and the most of them cavalry. Scarcely one man of the whole
number was fit for the position assigned him. Some were brainless
upstarts and others notorious drunkai'ds, while there was scarcely an
isolated instance of an aspirant who could properly drill a company.
Many of them were not only without qualifications, but character.
It seemed as if any man, no matter how worthless, could go on to
Richmond and get a colonel's commission. The people of Texas had
to volunteer with these men or not go to the Army at all. They there-
fore went to work and organized about 20,000 or 25,000 men, when lo,
there comes an order from the War Department virtually disbanding
these twelve-months' volunteers and calling for tfoops for the war.
Cavalry in no case is to be received. The next intelligence received
is that the War Department is receiving particular regiments of
twelve-months' men. What is the matter? Have you all gone crazy
about Richmond ? Is Texas to be kept out of the struggle now con-
centrating and soon to commence ? You ought to take a firm position
and keep it. If twelve-months' volunteers are not desirable, say so,
and be uniform in your course. Do not make fish of one regiment
and flesh of another, but treat all alike. Above all things, have the
moral courage to do your duty, and to get rid of incompetent,
inefficient, and drunken officers and worthless surgeons, who in many
instances are brutes and a disgrace to the Army. Just think of it!
Texas has 20,000 men under arms anxious to serve their country
whenever and wherever they can. Many of them have been in camps
for months at an expense to the Government. If they had been sent

CONFEDEEATE AUTHORITIES. 1069

to Missouri, Price would have overwhelmed the Federal ai-my. They
are needed now at Corinth and on the Mississippi. If at the right
place they could beat back the enemy and save the country from
invasion. It was the imbecility of the War Department that lost
Nashville to the Confederates, with the population and valuable
manufactures of West Tennessee. If the South is overrun and mil-
lions of property destroyed within the next six weeks it will be owing
to the same vacillating and criminal neglect of the Department over
which you preside. These Texans cannot now reach the field in time.
If every other State has thus been held back we have an inadequate
force to prevent the enemy from'accomplishing the work of invasion.
The eyes of the country are on you. The historian will not fail to
perceive and to chronicle your ability or your weakness, whether
under your genius the country exerted its whole strength or was
ruined by a want of firmness or intellect. If we are ruined you will
be the acknowledged author of our misfortunes.
"Very truly, «fec.,

J. J. BEED.

April 17, 1862.
To the Senate and House of Representatives of the Confed-
erate States:

I deem it my duty to call your attention to some practical difftculties
which will occur in the execution of the law just passed for the con-
scription of all persons subject to military duty between the ages of
eighteen and thirty- five years,* and to point out some omissions that
it seems wise to supply. First. There are a number of troops in the
service of the several States for which no provision is made. They
have been organized for State defense, which is necessarily the public
defense, but are not a part of the armies of the Confederacy. It
would not be politic to break up these organizations for the purpose
of taking out of them such of the men as are subject to conscription
for distribution among other troops. I suggest that power be granted
to the Executive to accept a transfer of such regiments, battalions,
squadrons, or companies now in the service of the respective States
as may be tendered by the States, according to any organization con-
sistent with the Confederate laws. Second. In the tenth section of the
bill there is a seeming conflict between two clauses, one of which
requires that in all cases elections shall be held to fill the lowest
grade, while another gives power to promote from the ranks to any
vacant oflice a private who may have distinguished himself conspicu-
ously. I would be glad to have the intent of Congi-ess on this point
stated in an amendment to the bill. Third. Under the fourth section
of the act of the 11th of December, 1861, it was declared that all
troops revolunteering or re-enlisting shall, at the expiration of their
present term of service, have the power to reorganize themselves into
companies and elect their company officers; and that said companies
should have the right to reorganize themselves into battalions or regi-
ments, and elect their field officers, &c. By the second section of the
act just passed, 16th of April, 1862, it is prohibited to include in the
organization of such new companies and regiments as may be com-
pleted within thirty days, "any persons now in the service." It is
submitted whether bare justice to the men who first entered the mili-
tary service, and who have again voluntarily enrolled themselves to

*See act of April 16, in General Orders, No. 30, April 28, p. 1095.

1070 , CORRESPONDENCE, ETC.

serve for the war, does not require that Government should carry out
the understanding under which they re-enlisted, by permitting them
to serve in organizations more acceptable to them than those in which
they are now embraced. I should regret to see men now for the first
time brought into the service under the stringency of the law vested
with the right of choosing their association, while the same privilege
is denied to those who have distinguished themselves by the alacrity
with Avliicli they have volunteered.

JEFFERSON DAVIS.

AN ACT to authorize the Secretary of War to divide the appropriation for the
contingent expenses of the War Department and the Army.

The Congress of the Confederate States of America do enact, That
the appropriation of $200,000 made for the incidental and contingent
expenses of the Army and of the War Department in the act entitled
"An act making appropriations for the support of the Government
from April first to the thirteenth [thirtieth] of November, eighteen
hundred and sixty-two," approved April third, eighteen hundred and
sixty-two, be divided and applied, by the Secretary of War, to the
incidental and contingent expenses of the War Department and to
those of the Army, in such proportions, as, in his opinion, the exigen-
cies of the public service may require.

Approved April 17, 1862.

AN ACT to encourage the manufacture of saltpeter and of small-arms.

The Congress of the Confederate States of America do enact, That
any person or persons who may propose to establish within the limits
of the Confederate States a manufactory or manufactories of saltpeter
and of small-arms adapted to the use of the Army, shall be entitled to
receive from the Government an advance of 50 per cent, of the amount
required for the erection and preparation of the works and machinery
necessary to such manufactory or manufactories, to be repaid without
interest in the product of such manufactory or manufactories, at a
price to be agreed upon before such advance shall be made, and sub-
ject to the following conditions, to wit: First, That the contractor
or contractors shall submit to the President a plan of the proposed
works, showing their location, nature and extent, together with a
sworn estimate of their probable cost, and a detailed account under
oath of the amount already expended on the same, which amount
shall be at least 25 per cent, of the entire estimated cost of such work.
Second, That the amount so advanced shall be paid in installments
as the works shall progress toward completion. Third, That the pro-
posed enterprise and works shall be approved by the President.
Fourth, That the contractor or contractors shall enter into bond with
sufficient security, to be approved by the President, in the penalty of
double the amount proposed to be advanced, and conditioned that the
principal obligor or obligors shall well and truly, by a certain time,
(which may be extended by the President if he thinks proper) named
in the bond, proceed to erect, complete and put into effective oper-
ation the manufactory or manufactories proposed; that he or they
will expend the sum named for these purposes ; that he or they will
appropriate the money advanced by the Government to such purpose
and to no other use or purpose, and, as far as practicable, keep the
property insured; and that he or they will repay the same from the

CONFEDERATE AUTHORITIES. 1071

merchantable articles manufactured, to be delivered at such times
and in such quantities as may be agreed xipon, the same, in all cases,
to be inspected by a Government officer before it is received, until he
or they shall fully repay to the Confederate States, in the article and
at the price stipulated for the sum advanced ; that the contractor or
contractors shall subscribe a written oath, indorsed upon the back of
said bond, which may be administered by any one authorized to
administer an oath, that said advance is asked for the purposes
specified in this act, and no other, and that he or they will so apply
said funds, which may thus be advanced ; and a willful and corrupt
violation of this oath shall be deemed perjury, and punishable by
imprisonment for not less than three nor more than ten years.

Sec. 2. The provisions of this act shall apply to cases of enlarge-
ment or [of] manufactories of saltpeter and of small-arms, now estab-
lished or being established within the Confederate States, but the
advances made in such cases shall only be 50 per cent, upon the
amount proposed to be invested in the enlargement of such manu-
factory or manufactories; and no now existing investment in such
manufactory or manufactories shall be computed or taken into
account in determining such 50 per cent.

Approved April 17, 1862.

AN ACT authorizing the issue of Treasury notes.

The Congress of the Confederate States of America do enact, That
in addition to the Treasury notes, authorized to be issued under
previous acts, the Secretary of the Treasury is hereby required to
prepare and put in circulation, by such means as he may deem proper
to adopt, $5,000,000 of Treasury notes of the Confederate States, of
the denomination of $1 and 12. Said notes shall be issued in such
proportions of each, to the aggregate sum herein authorized as the
said Secretary may determine, payable to bearer six months after the
ratification of a treaty of peace between the Confederate States and
the United States. Said notes shall be receivable in payment of all
public dues, including postage, except the export duty on cotton.

Sec. 2. Be it further enacted. That the Secretary is hereby author-
ized to have said notes printed as he may deem most practicable and
advisable in effecting a speedy issue and circulation of said notes.

Sec. 3. Be it further enacted. That the Secretary of the Treasury
is hereby authorized to issue Treasury notes payable in six months
after the ratification of a treaty of peace between the Confederate
States and the United States, of a denomination not less than $100,
bearing interest at the rate of two cents per day for each $100; the
said notes when issued to be a substitute for so much of the
$165,000,000 of bonds authorized by the act of Congress, passed at
the present session; and said notes shall be receivable in payment of
all public dues except the export duty on cotton.

Sec. 4. Be it further enacted, That the said Secretary shall make
report to Congress of the amount of each denomination of notes,
herein required to be issued, which he may put in circulation.

Sec. 5. Be it further enacted. That the twenty-first and twenty-
third sections of "An act to authorize the issue of Treasury notes,
and to provide a war tax for their redemption" be, and the same are
hereby declared to apply to the Treasury notes herein authorized, as
fully, in all respects, as if the same constituted a part of this act.

Approved April 17, 1862.

1072 COKEESPONDENCE, ETC.

Richmond, April J7, 1862.
His Excellency Governor J. E. Brown,

Savannah, Ga.:
Were the State troops ralaed by Georgia, and lately under General
Jackson, ever mustered into the service of the Confederate States, or
were the\ still in the service of Georgia?

GEO. W. RANDOLPH,

Secretary of War.

Savannah, April 17, 1862.
Hon. George W. Randolph,

Secretary of War:
The State troops had never been mustered into the service of the
Confederate States, but were still in the service of Georgia. You
stated that all between eighteen and thirty-five must go into Confed-
erate service. These taken out, my organization is disbanded ; hence,
to prevent confusion at a moment when Savannah is in great danger,
I turned over the others with the conscripts to General Lawton, who
accepted them altogether. Part of the State troops are mustei-ed out,
the term of others just expiring, and others have two months to serve.
The transfer leaves General Jackson without a command. There is
great dissatisfaction among the troops; some are almost mutinous.
I will remain here for a time and do all I can to produce quiet.
Jackson's appointment by the President to the command of the
division, as it was, would have a most happy effect at a most critical
moment. The city is in great peril.

JOSEPH E. BROWN.

Richmond, Va., April 17, 1862.
Governor Brown, of Georgia,

Savannah, Ga.:
Retain your State troops under their present organization. The
enrollment can proceed hereafter, or other arrangements made at
more leisure. The exigency does not permit of disorganization.

JEFFERSON DAVIS.

Savannah, Ga., April is, 1862.
President Jefferson Davis:

Under the correspondence with the Secretary of War the State
troops have been actually turned over to the Confederate general,
and my control over them has ceased. To resume it with a view to
reorganization for a short period, when the reorganization may at any
moment be destroyed by operation of the conscription act, would be
peculiarly embarrassing. The terms of the troops are expiring;
under the conscription act you can fill up the ranks, but if you hold
that the act repeals the State laws, when they are in conflict, how can
I recruit ? If I resume the control can I call for volunteers to fill up
the ranks for three years or the war, and will you exempt such volun-
teers from the operation of the conscription act? If you do not it is
impossible, in the present temper of the troops, for me to reorganize
or make the force effective as a State force. Whatever is done should
be done immediately.

JOSEPH E. BROWN.

CONFEDERATE AUTHORITIES. 1073

Richmond, Va., April IS, 1S62.
Governor Brown, of Georgia,

Savannah, Ga. :
My object was to avoid an immediate organization, so that the
State troops should remain in their defense of Savannah. If the
plan adopted effects that I would not disturb it under existing
circumstances.

JEFFERSON DAVIS.

Resolved by the Senate of the Confederate States of America, That
the President is hereby respectfully requested to instruct the commis-
sioners from this Government to Her Britannic Majesty, His Imperial
Majesty the Emperor of the French, and Her Majesty the Queen of
Spain, to propose to them the following terms for a treaty of amity
and commerce between the said Governments and the Government of
the Confederate States:

First. That the Governments of Great Britain, France, and Spain
shall declare the inefficiency and consequent illegality of the blockade
of the ports in the Confederate States by the Government of the
United States, and that they maintain in our waters during the war
with the United States a sufficient number of war vessels, in connec-
tion with the navy of the Confederate States, to enforce the declara-
tion and effectually raise the blockade

Second. That the Governments of Great Britain, France, and Spain
shall supply and transport to the Confederate Government such arms,
ammunition, and munitions of war as may be needed in the prosecu-
tion of the war with the United States, the Government of the Con-
federate States paying therefor the market value of the articles so
furnished; and that in any treaty of peace hereafter to be entered
into between the Confederate States and the United States the decision
of all questions in said treaty in regard to boundaries shall be under
the sole and exclusive judgment and control of the Confederate
States.

Third. That the President be authorized to offer to the Governments
of Great Britain, France, and Spain such discriminations in favor of
British, French, and Spanish commerce and navigation, foreign and
coastwise, as he may find to be necessary to secure the aid and
co-operation of the British, French, and Spanish Governments for the
purposes aforesaid, and which shall be in accordance with the true
interests of the Confederate States.

Fourth. The treaty, when made according to the foregoing terms,

to continue of force for years, after which time either party

may annul the same, having given twelve months' notice of such
intention.

Agreed to by the Senate qf the Confederate States of America
April 18, 1862.

^ JAMES H. NASH,

8ecreta/ry.

AN ACT to aid in the construction of a certain line of railroad in .,ne States
of Louisiana and Texas.

Whereas, the Confederate States are engaged in actual war, and
the President has recommended, for military reasons, the construction

68 R R— SERIES IV, VOL I

1074

of the railroad from New Iberia, in the State of Louisiana, and Hous-
ton, in the State of Texas, and the commanding general at New
Orleans has declared it to be at the present moment a great military
necessity: [Therefore,] —

The Congress of the Confederate States of America do enact, That
the President be, and he is hereby authoi-ized and empowered to aid
or contract with the New Orleans and Texas Railroad Company, and
the Texas and New Orleans Railroad Company, upon such terms and
conditions as he may think proper, to insure the prompt completion
and connection of said roads, in the manner he may think best calcu-
lated to promote the public interest.

Sec. 2. Be it further enacted, That to enable the President to accom-
plish the object herein contemplated, the sum of $1,500,000 in the
bonds of the Confederate States, is hereby appropriated to be issued
and applied bj^ the order of the President at such times and in such
sums as he may deem proper, and that the President be directed to
take a mortgage on said road and its appurtenances for the ultimate
repayment of tlie money so expended in aid of its erection.

Approved April 19, 18G2.

AN ACT making further appropriations for the expenses of the Government in
the Treasury, War, and Navy Departments, and for other purposes.

The Congress of the Confederate States of America do enact. That
the following sums be, and they are hereby appropriated out of any
money in the Treasury not otherwise appropriated, for the objects
hereafter expressed, for the year ending November thirtieth, one
thousand eight hundred and sixty-two.

* ******
War Department. — For the purchase of pig and rolled iron,

$1,000,000. For casting cannon, shot and shells, $500,000. For man-
ufacturing small-arms of all kinds, $2,000,000. For purchase and
manufacture of niter and all expenses incidental to exploring and
working caves, &c., $1,000,000.

* * * * * * *
Approved April 19, 1862.

AN ACT supplementary to the act entitled "An act to encourage the manufacture
of saltpeter and small-arms."

The Congress of the Confederate States of America do enact, That
the provisions of the act entitled "An act to encourage the manufac-
ture of saltpeter and of small-arms," shall also apply to all establish-
ments or mines for the production of coal and for the production and
manufacture of iron, and that in addition to the advance of 50 per
cent, therein mentioned, the President be and he is, hereby authorized
to enter into contracts for the purchase of coal andiron, in siich quan-
tities as may probably be required for a series of years, not exceeding
six, and to make advances thereon not exceeding one-third of the
amount of siieli contract.

Approved April 19, 1862.

CONFEDERATE AUTHORITIES. 1075

AN ACT to increase the military establishment of the Confederate States, and to
amend the "Act for the establishment and organization of the Army of the
Confederate States of America."

The Congress of tlie Confederate States of America do enact, That
the number of ordnance sergeants authorized by section G of "An act
to increase the military establishment of the Confederate States," &c.,
approved May 16, 1861, be so increased as to provide one for each regi-
ment of the troops now or hereafter received in the service.

Approved April 19, 1862.

AN ACT to limit the act anthorizing the suspension of the writ of habeas corpus.

The Congress of the Confederate States of America do enact, That
the act authorizing the suspension of the writ of habeas corpus, is
hereby limited to arrests made by the authorities of the Confederate
Government, oi- for offenses against the same.

Sec. 2. Be it further enacted. That the act whicli this act is intended
to limit shall continue in force for thirty days after the next meeting
of Congress, and no longer.

Approved April 19, 1862.

AN ACT to authorize the employment of drill-masters.

The Congress of the Confederate States of America do enact. That
the President be and he is hereby authorized and empowered to
appoint drill-masters for camps of instruction or reserve forces in any
arm of the military service, with such pay as the Secretary of War
may prescribe.

Approved April 19, 1862.

AN ACT to regulate the collection of the war tax in certain States invaded by the

enemy.

J The Congress of the Confederate States of America do enact, That
' where any State has assumed, or shall assume, the payment of the tax
imposed by the act entitled An act to authorize the issue of Treasury
notes, and to provide a war tax for their redemption, approved the
nineteenth day of August, eighteen hundred and sixty-one, and any
portion of such State shall be occupied by the enemy, so as to occasion
the destruction of crops, or prevent the raising thereof, or to prevent
the State from collecting taxes therein, the President may, under an
agreement with the State authorities of such States, suspend the pay-
ment into the Treasury of such portions of the tax assumed by such
State as may have been, or may be, assessed upon the property of the
inhabitants of such districts so occupied by the enemy, until further
provision be made by Congress.

Sec. 2. The suspension of all proceedings in relation to the collec-
tion of the war tax in the States of Missouri and Kentucky, authorized
by the Secretary of the Treasury, is confirmed, and he is hereby directed
to take no action tliereon until further legislation by Congress.
Approved April 19, 1862.

1076 CORKESPONDENCE, ETC.

AN ACT to provide for the payment of oiBcers of the Virginia militia for services

rendered.

The Congress of the Confederate States of America do enact, That
all officers and non-commissioned officers of the Virginia militia who
have been called into the service of the Confederate States by the
order of any commanding officer of the C. S. Army authorized to make
such call, or by the proclamation of the Governor of "Virginia in
obedience to requisitions duly made upon him by the President, shall
be allowed, under the direction of the Quartermaster-General, com-
pensation for the period of their actual service according to the rate
of pay and allowances to which officers and non-commissioned officers
of corresponding grades in the C. S. Army are by law entitled.

Sec. 2. Before anj^ officer of militia shall be entitled to receive pay
under the provisions of the preceding section, he shall present to the
proper officer to whom he may apply for payment, a certificate signed
by the commandant of the brigade, regiment or battalion of militia
to which he may have been attached, and approved by the command-
ing general of the army corps or department, with which such bri-
gade, regiment or battalion was serving, which certificate shall state
the precise period during which such officer was actually in service
and performed duty according to his rank, not including in such
period whatever time such officer was absent from duty with his com-
mand, unless absent on furlough, or detached or detailed service, by
order of the commanding officer. Non-commissioned officers shall be
required to present like certificates, signed by the commanding officer
of the regiment or -battalion to which they belong, before being
entitled to receive their pay.

Sec. 3. All staff officers of the Virginia militia, duly appointed and
qualified, according to the laws of Virginia, shall be entitled to receive
the same pay and allowances as are provided by law for officers of
corresponding grades in the C. S. Army, upon a like certificate that
thej' have actually been in service and performed the duties prescribed
for their respective grades by the laws of Virginia, and the laws and
Army Regulations of the Confederate States.

Sec. 4. No payments under this act shall be allowed for any period
subsequent to the thirtieth day of March, eighteen hundred and sixty-
two, nor shall any junior major of a regiment to which two majors
may be attached, nor any paymaster or surgeon's mate be deemed to
be entitled to pay or allowances under tlie provisions of this act.

Approved April 19, 1862.

AN ACT to amend an act entitled "An act to increase the Corps of Artillery, and
for other purposes," approved August 21, 1861.

The Congress of the Confederate States of America do enact, That
section .3 of an act entitled "An act to increase the Corps of Artillery,
and for other purposes," approved August 21, 1861, be so amended as
to authorize the President to increase the salaries of master armorers
or any of them to a sum not exceeding $2,000 per annum.

Approved April 19, 1862.

AN ACT to amend the several acts in relation to the pay of chaplains in the Army.

The Congress of the Confederate States of America do enact, That
hereafter the pay of chaplains in the Army shall be $80 per month
with rations as now provided by law.

Approved April 19, 1862.

CONFEDERATE AUTHORITIES. 1077

AN ACT to recognize the organization of certain military companies.

The Congress of the Confederate States of America do enact, That
in all cases heretofore occurring where companies not having the
minimum number of men necessary to form a company as required
by existing laws, have been organized into companies which have
entered into the service by order of the commanding general or been
received by such officer into the service, in all such cases the Secre-
tary of War is hereby authorized and required to recognize said com-
panies as if duly organized under existing laws, and the officers of
said companies are hereby declared as entitled to the same rank to
which they would have been entitled if the companies had been duly
organized ; and the officers and men thereof shall be entitled to draw
their pay and rations as if they had been duly authorized under exist-
ing laws.

Approved April 19, 1862.

AN ACT to prohibit the transportation and sale of certain articles in any port or
place within the Confederate States, in the possession of the enemy, and to pro-
hibit the sale, barter or exchange of certain articles therein named, to alien or
domestic enemies.

The Congress of the Confederate States of America do enact, That
it shall be unlawful for any person, either by himself or his agent, or
in any manner whatever, to transport to any port or place in the Con-
federate States, which may be at the time in the possession of the
enemy, or to sell therein, any cotton, tobacco, sugar, rice, molasses,
sirup or naval stores.

Sec. 2. Be it further enacted. That the provisions of the act enti-
tled "An act to prohibit the exportation of cotton from the Confed-
erate States, except through the sea-ports of the said States, and
to punish persons ofEending therein," be and the same are hereby
extended to any person or persons violating the foregoing section of
this act, and, in addition to such punishment, the party or parties
ofEending shall forfeit and pay the Confederate States the value of the
article sold or transported.

Approved April 19, 1862.

. AN ACT declaring the ofiQcer who shall act as President in case of vacancies in
the offices both of President and Vice-President.

The Congress of the Confederate States of America do enact. That
in case of removal from office, death or resignation both of the Presi-
dent and Vice-President of the Confederate States, or of the inability
of both to discharge the powers and duties of the office of President,
then the President of the Senate, pro tempore, and in case there shall
be no President of the Senate, then the Speaker of the House of Rep-
resentatives, for the time being, shall act as President of the Confed-
erate States, until the disability be removed, or a President shall be
elected and inaugurated.

Approved April 19, 1802.

General Okdeks, ) War Department,

> Adjt. and Insp. General's Office,
No. 20. ) Richmond, April 19, 1862.

I. It is made the duty of commanding officers of companies to sign
with their own proper signatures all muster-rolls of their companies,

1078 CORRESPONDENCE, ETC.

all final statements, certificates of disability, and descriptive lists.
That power is not to be delegated to or exercised by any other person.
Soldiers' discharges will be signed by commanding officers of regi-
ments or commands to which their companies belong. Great confu-
sion daily arises from the constant pursnal of a different course.
Sick, disabled, and discharged soldiers are very often unable to
obtain their pay, the discrepancy of signatures rendering it impossible
for this Department to verify the same.

II. Attention is called to paragraph 106G, Army Regulations, which
provides that "as far as practicable officers are to draw their pay
from the quartermaster of the district where they may be on duty."
Hereafter no payment will be made to an officer on separate pay
account by any other than the quartermaster of the post or regiment
to which the officer may belong, except he be absent from his station
under orders, on leave, or on account of sickness, and then only from
the 1st of the month during which such absence occurs to its termi-
nation, and for such subsequent full month or months as he may
continue to be detached from his regular station, unless he furnishes
satisfactory evidence that payment could not be made him before
leaving.

By order of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Savannah, April 19, 1862.
Hon. George W. Randolph,

Secretary of War:
The Governor of Georgia says he expects the Confederate Govern-
ment to appoint enrolling officers to carry out conscription law. He
will furnish militia rolls and all facilities in his power, but will not
undertake the enrollment. I fear it will be necessary to let Georgia
State troops go home, and to commence new organizations immediately
from tliose willing to remain. This may be done to considerable
extent. I request authority to act under the law as I may think cir-
cumstances demand.

J. C. PEMBERTON,
Major- General, Coinmanding.

Apkil 2], 18C2.
To the Senate and House ov Representatives of the Confed-
erate States:

I deem it proper to inform you that a number of acts passed by the
Congress were presented to me at a very late liour on Saturday night.
I have examined them as carefully as the limited time at my disposal
has permitted, and have returned nearly all of them witli my approval.
There are, however, three of them to which I have objections, which
it is impossible to communicate to you in writing within the few
remaining hours of the session, and whicli will therefore fail to become
laws. Happily the acts in question are not of great public importance.
Recognizing, as I do, the right of Congress to receive the fullest
information fi-om the Executive on all matters of legislation on wliich
his concurrence is required by the Constitution, I have considered it

CONFEDERATE AUTHORITIES. 1079

more respectful to the Congress to make this statement of the cause
which has prevented my action on these bills than to retain them
without assigning my reason for so doing.

JEFFERSON DAVIS.

AN ACT to authorize the exchange of bonds for articles in Mnd, and the ship-
ment, sale, or hypothecation of such articles.

The Congress of the Confederate States of America do enact. That
the Secretary of the Treasury be, and he is hereby authorized to
exchange the bonds or stock of the Confederate States for any articles
in kind, which may be required for the use of the Government, the
said articles to be valued according to such regulations as the said
Secretai'y shall make.

Sec. 2. It shall be the duty of the Commissary and Quartermaster
Generals to direct their various ofiicers to receive, at the place of pur-
chase, all such articles purchased as are api)licable to their several
departments, and to apply the same in the same manner as if pur-
chased directly by themselves; and the officer to whom each article is
delivered shall be charged with the value as declared by the purchase,
and shall be bound to account for the same.

Sec. 3. The said Secretary is also authorized to accept for the use
of the Government in exchange for the said bonds or stock, cotton,
tobacco, and other agricultural products in kind, which have been
subscribed to the produce loan, or which may be subscribed in kind
at such rat«s as may be adjusted between the parties and the agents
of the Government: Provided, That in no event shall he receive of
cotton or tobacco, a greater value than $35,000,000; and the said Sec-
retary is further authorized to deposit the same at such places as he
shall deem proper, and to procure advances thereon by hypothecation,
or to ship the same abroad, or to sell the same at home or abroad, as
he may deem best; and, to assist these operations, the said Secretary
may issue produce certificates, which shall entitle the party to whom
issued, or his indorsee, to receive the produce therein set forth, and to
ship the same to any neutral port, in confonnity with the laws of the
Confederate States.

Sec. 4. The Secretary of the Treasury may, from time to time,
appoint and dismiss such agents as he may deem requisite to carry
into effect the provisions of this act. Their compensation shall be a
brokerage upon the business completed by them at such rates as the
Secretary of the Treasury shall adjust by general regulation.

Sec. 5. The Secretary of the Treasury may, from time to time, issue
regulations for carrying out all the details involved in the provisions
of this act, which shall be obligatory upon all parties concerned
therein.

Approved April 21, 18G2.

A BILL [AN ACT] for the enlistment of cooks in the Army.

The Congress of the Confederate States of America do enact, That
hereafter it shall be [the] duty of the captain or commanding officer
of his company to enlist four cooks for the use of liis company, whose
duty it shall be to cook for such company— taking charge of the sup-
plies, utensils and other things furnished therefor, and safely keep

1C80 COEEESPONDENCE, ETC.

the same, subject to such rules and regulations as may be prescribed
by tho War Department or the colonel of the regiment to which such
company mav be attached :

[Sec. 2. ] De it further enacted. That the cooks so directed to be
enlisted, may be white or black, free or slave persons: Provided, how-
ever, TImt no slave shall be so enlisted, without the written consent of
his owner. And such cooks shall be enlisted as such only, and put
on tho muster-roll and paid at the time and place the company may
or shall bo paid off, $20 per month to the chief or head cook, and $15
per month for each of the assistant cooks, together with the same
allowance for clothing, or the same commutation therefor that may
be allowed to the rank and file of the company.

Approved April 21, 1862.

AN ACT to increase the Corps of Engineers of the Provisional Army.

Tlie Congress of the Confederate States of America do enact. That
the President be and he is hereby authorized to appoint with the
advice and consent of the Senate, an additional number of officers in
the Engineer Corps of the Provisional Army, of a rank not higher
than captain: Provided, That the whole corps shall not exceed one
hundred.

Approved April 21, 1862.

AN ACT to authorize the appointment of oflScers of artillery in the Provisional

Army.

The Congress of the Confederate States of America do enact. That
for the purpose of enlarging the number of officers of artillery, and
enabling them to discharge more effectuallj'^ the duties of ordnance
officers, the President is hereby authorized to appoint, with the advice
and consent of the Senate, officers of artillery, of the rank of captain
and first lieutenant, in the Provisional Army, not exceeding eighty in
number.

Approved April 21, 1862.

AN ACT making appropriations to carry into effect "An act authorizing the
exchange of bonds for articles in kind, and the shipment, sale or hypothecation
of such articles."

The Congress of the Confederate States of America do enact. That
for the purpose of carrying into effect an act authorizing the exchange
of bonds for articles in kind, and the shipment, sale, or hypothecation
of such articles, the sum of $2,000,000 is hereby appropriated.

Approved April 21, 1862.

AN ACT to increase the facilities of importing goods, wares and merchandise
into the ports of the Confederate States.

The Congress of the Confederate States of America do enact. That it
shall be lawfiil for vessels to unload their cargoes on any part of the
coast of the Confederate States, and that the laws requiring entry of

CONFEDERATE AUTHORITIES. 1081

vessels or discharge of their cargoes at designated ports, and prescrib-
ing penalties for failure to do so, shall be, and the same are hereby,
suspended.

Approved April 21, 1862.

AN ACT supplementary to An act further to provide for the public defense.

The Congress of the Confederate States of America do enact, That
the President be and he is hereby authorized,* to accept the services
of any companies, squadrons, battalions or regiments which have
been organized and are now in service under the authority of any of
the States of the Confederacy, and which may be tendered by the
Governors of said States, with an organization conforming to the act
of March fixth, A. D. eighteen hundred and sixty-one, "to provide
for the public defense."

Approved April 21, 1862.

AN ACT to exempt certain persons from enrollment for service in the armies of

the Confederate States.

The Congress of the Confederate States of America do enact. That
all persons who shall be held to be unfit for military services under
rules to be prescribed by the Secretary of War; all in the service or
employ of the Confederate States; all judicial and executive of&cers
of Confederate or State Governments; the members of both Houses
of the Congress and of the Legislatures of the several States and their
respective officers; all clerks of the ofBcers of the State and Confed-
erate Governments allowed by law; all engaged in carrying the mails;
all ferrymen on post routes ; all pilots and persons engaged in the
marine service and in actual service on river and railroad routes of
transportation; telegraphic operators, and ministers of religion in the
regular discharge of ministerial duties; all engaged in working
iron mines, furnaces and foundries; all journeymen printers actu-
ally employed in printing newspajjers; all presidents and professors
of colleges and acadamies, and all teachers having as many as twenty
scholars; superintendents of the public hospitals, lunatic asylums
and the regular nurses and attendants therein, and the teachers
employed in the institutions for the deaf and dumb, and blind; in
each apothecary store now established and doing business one apoth-
ecary in good standing who is a practical druggist; superintendents
and operatives in wool and cotton factories, who may be exempted by
the Secretary of War; shall be and are hereby exempted from mili-
tary service in the Armies of the Confederate States.

Approved April 21, 1862.

AN ACT to amend an act entitled An act to further provide for the public
defense, passed the sixteenth day of April, eighteen hundred and sixty-two.

The Congress of the Confederate States of America do enact. That
all vacancies shall be filled by the President from the company, bat-
talion, squadron or regiment in which such vacancies shall occur, by
promotion, according to seniority, except in cases of disability or other

1082 COEEESPONDENCE, ETC.

incompetency, and that whenever a vacancy shall occur in the lowest
grade of commissioned officers of a company, such vacancies shall be
filled by election : Provided, however. That the President may, when
in his opinion it is proper, fill any vacancy by the promotion of any
officer from any companj'^, battalion, squadron or regiment in which
the same may occur, who shall have been distinguished in service by
the exhibition of extraordinary valor and skill; and that when any
vacancy shall occur in the lowest grade of commissioned officers of
any company, the same may be filled by selection by the President of
any non-commissioned officer or private from the company in which
said vacancy may occur, who shall have been distinguished in the
service by the exhibition of extraordinary valor and skill; and that
appointments made by the President shall be by and with the advice
and consent of the Senate.
Approved April 21, 1862.

Montgomery, April 21, 1862.
Hon. G. W. Randolph,

Secretary of War:
Shall in a very short time have from twelve to fifteen regiments
organized, without blankets. Mr. Benjamin wrote me they would be
sent. Does clause 18, of Special Orders, No. 80, from War Depart-
ment, refer to State arms in hands of ninety-days' troops sei-ving at
Mobile ? I cannot suppose that it does. Prisoners at Talladega will
reach Selma to-day. Near 1,000 prisoners there without blankets;
almost without clothing. Can get bagging for them if authorized.
Do State authorities enroll under conscript act ?

JNO. GILl. SHORTER,

Governor.

[First indorsement.]

Forward the blankets as soon as possible.

G. W. R.

[Second indorseniont.]

Quartermaster-General's Office,

April 25, 1862.
Major Calhoun, quartermaster at Montgomery, ordered to procure
bagging for the prisoners. Major Lee, Charleston, ordered to send
5,000 blankets for issue to the Alabama regiments — new troops.
Respectfully returned to Secretary of "War.

A. .C. MYERS,
Quartermaster- General.

Executive Department,
Milledyeville, Ga., April 22, 1862.
His Excellency Jefferson Davis,

Richmond, Va.:
Dear Sir: So soon as I received from the Secretary of War official
notice of the passage by Congress of the conscription act, placing in
the military service of the Confederate States all white men between
the ages of eighteen and thirty-five years, I saw that it was impossible
for me longer to retain in the field the Georgia State troops without
probable collision and conflict with the Confederate authorities in the

CONFEDERATE AUTHORITIES. 1083

face of the enemy. I therefore acquiesced in the necessity which com-
pelled me to transfer the State forces to the command of the Confed-
erate general at Savannah, and tendered to General Lawton, who
commands the Military District of Georgia, not only the conscripts in
the State army, but also those not conscripts for the unexpired term
of their enlistment. General Lawton accepted the command with the
assurance that he would interfere as little as possible with the com-
panj'^ and regimental organizations of the troops. This assurance I
trust the Government will permit him to carry out in the same spirit
of liberality in which it was given. If the State regiments are broken
up and the conscripts belonging to them forced into other organi-
zations against their consent it will have a very discouraging effect.
If the regiments and companies were preserved and permission given
to the officers to fill up their ranks by recruits there would be no
doubt of their ability to do so, and I think they have a just right to
expect this privilege. Georgia has promptly responded to every call
made upon her by you for troops, and has always given more than
you asked. She has now about 60,000 in the field. Had you called
upon her Executive for 20,000 more (if her just quota), they would
have been furnished without delay. The plea of necessity, so far at
least as this State is concerned, cannot be set up in defense of the con-
scription act. When the Government of the United States disregarded
and attempted to trample upon the rights of the States Georgia set its
power at defiance, and seceded from the Union rather than submit to
the consolidation of all power in the hands of the central or Federal
Government. The conscription act not only put it in the power of
the Executive of the Confederacy to disorganize her troops, which she
was compelled to call into the field for her own defense in addition to
her just quota because of the neglect of the Confederacy to place
sufficient troops upon her coast for her defense, which would have
required less than half the number she has sent to the field, but also
places it in his power to destroy her State government by disbanding
her law-making power.

The constitution of this State makes every male citizen who has
attained the age of twenty-one years eligible to a seat in the House of
Representatives of the General Assembly, and every one who has
attained the age of twenty-five eligible to a seat in the Senate. There
are a large number of the members of the General Assembly between
the ages of eighteen and thirty-five. They are white citizens of the
Confederate States, and there is no statute in the State, and I am aware
of none in the Confederate States' code, which exempts them from
military dutj^ They, therefore, fall within the provisions of the con-
scription act. It may become necessary for me to convene the General
Assembly in extra session ; or, if not, the regular session will commence
the first Wednesday in November. When the members meet at the
capitol, if not sooner, they might be claimed as consci-iijts by a Con-
federate officer and arrested with a view to carry tlicm to some remote
part of the Confederacy as recruits to fill up some company now in
service. They have no military power, and could only look to the
Executive of the State for military protection, and I cannot hesitate
to say that in such case I should use all the remaining military force
of the State in defense of a co-ordinate constitutional branch of the
Government. I can, therefore, permit no enrollment of the members
of the General Assembly under the conscription act. The same is
true of the judges of the supreme and superior courts, should any of
them fall within the ages above mentioned, and of the secretaries of

1084

the executive department, the heads and necessary clerks of the other
departments of the State Government, and the tax collectors and
receivers of the different counties, who are now in the midst of their
duties, and are not permitted by law to supply substitutes, and whose
duties must be performed or the revenues of the State cannot be col-
lected. The same remark applies to the staff of the commander-in-
chief. There is no statute exempting them from military duty for the
reason that they are at all times subject to the command of the Gov-
ernor and are not expected to go into the ranks. The State's quar-
termaster, commissary, ordnance, and engineer departments fall
within the same rule. The major-generals, brigadier-generals, and
other field officers of the militia would seem to be entitled to like
consideration.

Again, the Western and Atlantic Railroad is the property of the
State, and is under the control and management of the Governor. It
is a source of revenue to the State, and its successful management is
a matter of great military importance both to the State and the Con-
federacy. I now have an efficient force of officers and workmen upon
the road, and must suspend operations if all between eighteen and
thirty-five are taken away from the road. I would also invite your
attention to the further fact that the State owns and controls the
Georgia Military Institute, at Marietta, and now has in the institute
over 125 cadets, a large proportion of whom are within the age of con-
scripts. If they are not exempt this most important institution is
broken up. I must not omit in this connection the students of the
State University and of the other colleges of the State. These valua-
ble institutions of learning must also be suspended if the law is
enforced against the students. I would also respectfully caU your
attention to the further fact that in portions of our State where the
slave population is heavy almost the entire white male population
capable of bearing arms (except the overseers on the plantations) are
now in the military service of the Confederacy. Most of these over-
seers are over eighteen and under thirty-five. If they are carried to
the field thousands of slaves must be left without overseers, and their
labor not only lost at a time when there is great need of it in the pro-
duction of provisions and supplies for our armies, but the peace and
safety of helpless women and children must be imperiled for want of
protection against bands of idle slaves, who must be left to roam over
the country without restraint. It is also worthy of remark that a
large proportion of our best mechanics, and of the persons engaged
in the various branches of manufacturing now of vital importance to
the success of our cause, are within the ages which subject them to
the provisions of the conscription act. My remark that I cannot per-
mit the enrollment of such State ofiicers as are necessary to the exist-
ence of the State government and the working of the State road does
not of course apply to persons engaged in the other useful branches
of industry considered of paramount importance ; but I must ask, in
justice to the people of this State, that such exemptions among these
classes be made as the public necessities may require.

As you are well aware, the military operations of the Government
cannot be carried on without the use of all our railroads, and the
same necessity exists for the exemption of all other railroad officers
and workmen which exists in the ease of the State road. There are
doubtless other important interests not herein enumerated which will
readily occur to you which must be kept alive or the most serious con-
sequences miist ensue. The Constitution gives to Congress the power

CONFEDERATE AUTHORITIES. 1085

to provide for organizing, arming, and disciplining the militia, and
for governing such part of them as may be employed in the service of
the Confederate States, reserving to the States, respectively, the
appointment of the officers and the authority of training the militia
according to the discipline prescribed by Congress. The conscription
act gives the President the power to enroll the entire militia of the
States between eighteen and thirty-five, and takes from States their
constitutional right to appoint the officers and to train the militia.
While the act does not leave to the States the appointment of a single
officer to command the militia employed in the service of the Confed-
erate States under its provisions, it places it in the power of the Presi-
dent to take a major-general of the militia of a State, if he is not
thirty-five years of age, and place him in the ranks of the C. S. Army
under the command of a third lieutenant appointed by the President,
and to treat him as a deserter if he refuses to obey the call and sub-
mit to the command of the subaltern placed over him. I do not wish
to be understood in any portion of this letter to refer to the intentions
of the President, but only to the extraordinary powers given him by
the act. This act not only disorganizes the military systems of all the
States, but consolidates almost the entire military power of the States
in the Confederate Executive with the appointment of the officers of
the militia, and enables him at his pleasure to cripple or destroy the
civil government of each State by arresting and carrying into the
Confederate service the officers charged by the State constitution with
the administration of the State government. I notice, bj' a perusal
of the conscription act, that the President may, with the consent of the
Governors of the respective States, employ State officers in the enroll-
ment of the conscripts. While I shall throw no obstructions in the
way of the general enrollment of persons embraced within the act,
except as above stated, I do not feel that it is the duty of the Exec-
iitive of a State to employ actually the officers of the State in the execu-
tion of a law which virtually strips the State of her constitutional
military powers, and, if fully executed, destroys the legislative depart-
ment of her government, making even the sessions of her General
Assembly dependent upon the will of the Confederate Executive. I
therefore respectfully decline all connection with the proposed enroll-
ment and propose to reserve the question of the constitutionality of
the act and its binding force upon the people of this State for their
consideration at a time when it may less seriously embarrass the Con-
federacy in the prosecution of the war. You will much oblige by
informing me of the extent to which you propose making exemptions,
if any, in favor of the interests above mentioned, and such others as
you may consider of vital importance. The question is one of the
greatest interest to our people, and they are anxious to know your
pleasure in the premises.

Very respectfully, your obedient servant,

JOSEPH E. BROWN.

Confederate States of America,

Engineer Bureau, War Department,

Richmond, Va., April 22, 1862.
Hon. G. W. Randolph,

Secretary of War:
Sir: The Keysville and Clarksville connection between the Rich-
mond and Danville and the North Carolina railroads having been

1086 COEEESPONDENCE, ETC.

brought officially to my notice, I at once selected A. M. Diipuy, a civil
engineer of experience, to make a thorough examination and report the
result of liis labors. His estimate (herewith inclosed) to complete the
road in the manner originally contemplated and at present prices is
about 1540,000. By adopting temporary expedients this amount may
probably be reduced to $500,000. It is proper to mention, however,
that Colonel Jones, the engineer of the company, stated in a recent con-
versation that in his judgment the road could be built for $400,000.
The time of construction, if vigorously prosecuted, might probably be
reduced to four months. An examination of the map will at once con-
vey a clear idea of the importance to be attached to this work. There
are two points in Mr. Dupuy's report which should be especially noted :
First (a matter of moment), the bad condition of the Roanoke Valley
Railroad, which consequently needs repairs; and, second (of mucli less
consequence), the rather high figure in his estimates of $32 per foot for
bridging, owing to his litter condemnation of lattice bridges wlien con-
structed of green timber, a professional opinion in which I do not fully
concur.

Witli groat respect, your obedient servant,

A. L. RIVES,
Actimj Chief of Engineer Bureau.

[lucloaure.]

Richmond, April 19, 1862.

Capt. A. L. Rives,

Acting Chief Engineer, &c.:
SiK: I submit the following report of an examination which you
instructed me to make of the line of railroad from Clarksville to Keys-
ville. The line as at present located is thirty-one miles and forty-four
one-hundredths in length. It has all been cleared to a minimum
width of eighty feet, and the felled timber which would answer the
purpose has been made into cross-ties for the road. I have estimated
the number prepared in this way at about 30,000. At the end of the
line next to Clarksville an amount of work about equivalent to the
grading of the first two miles has been done. The piers and abut-
ments of the bridges crossing the Dan and Staunton Rivers are finished,
biit the superstructure remains to be built. There are eleven spans
in all, of 112 feet each, making a total length of 1,232 feet. The time
necessary for the erection of this bridge will regulate the time
required for the completion of the whole line. There is no seasoned
timber to be had convenient to the work, and green timber will prob-
ably have to be cut and sawed for the purpose. The framing can
progress as it is being delivered, and in the course of between three
and four months after the work is commenced I think it can be com-
pleted. The plan of bridge originally proposed is that of Howe's
truss. While I think it in ordinary circumstances the best wooden
bridge now used, the quantity of iron required in this plan and the
difficulty of procuring it will render the structure very expensive.
The lattice bridge, although free from this objection, is subject to
another and perhaps a more serious one. When built of the best
seasoned timber it is liable to warp and settle, but if made of green
timber we must expect nothing else. The plan which I propose under
the circumstances is that known as the Burr bridge with arches. It
is in a great iueasure free from the objections attaching to the other
two plans, and while it cannot be screwed ujj and adjusted in event

CONFEDERATE AUTHORITIES. 1087

of settling, as can the Howe bridge, the difficulty may be obviated to
a great degree by building it with a slight camber. At the Keysville
terminus there are ten miles of the line graded and ready to receive
the track, of which three miles and one-quarter have already been
laid with 50-pound rail. The masonry and work on the line generally
seem to have been well executed, although one box culvert laid dry
about a mile from Keysville has given way and a breach has been
made in the embankment.

Estimate of the work remaining to he done.

Soft rock excavation, 53,500 cubic yards, at $1.50 $80, 250. 00

Earth excavation, 515,300 cubic yards, at 20 cents 103, 060. 00

Barrowlng, 150,360 cubic yards, at 20 cents 30,073.00

Extra haul, 719,160 cubic yards, 300 feet (over 500 feet) , at 1 i cents- . . 33, 363. 20

Box culverts, 3,200 cubic yards, at $4 12,800.00

Cement masonry, 140 cubic yards, at §6 _ 840. 00

Bridge superstructure, 1 ,232 linear feet, at $32 39, 434. 00

Trestling, 150 linear feet, at$10 _ 1,500.00

Cross-ties, 50,000, at 30 cents. 15,000.00

Rails for 30 miles (including turn-outs, &c. ) , at $6,000 180, 000. 00

Chairs, 15,000, at 75 cents 11,250.00

Spikes, 105,000, at 10 cents 10,500.00

Laying track 30 miles, at $400 per mile. 12, 000. 00

Depot Duildings, water stations, etc 1, 500. 00

Engineering expenses 3,500.00

Land damages, 378 acres, at $15 5,670.00

539, 728. 20

In annexing prices to the foregoing quantities I have endeavored not
to underestimate the cost of the work. The great uncertainty exist-
ing in our midst about the cost of provisions and all the implements
necessary for executing work on railroads tend greatly to increase the
prices of various items of railroad construction, and tliat, too, when
ordinary slave laborers may be had for little more than half the prices
which they formerly commanded.

The estimate as made above is on the line as now located. I am
quite satisfied that changes can be made in the alignment of the road
which will greatly reduce its cost. I am satisfied of this not only from
my own observations but from the fact that where the work has
already been constructed the line has been adjusted more carefully to
the ground than elsewhere, as if the engineer in charge on more care-
ful examination had been able to effect important economical changes.
It may not transcend the limits of my instructions and iny duty to
report that the railroad in connection with which thisis to-run, viz, the
Roanoke Valley Railroad, is in very bad condition, and that repairs
on it should commence quite as soon as the construction of this work.
I would also offer for your consideration the fact that the rails have
been laid on the two roads with different gauges.
Very respectfully,

A. M. DUl'UY.

Mobile, April 2,3^ 1862.
Hon. George W. Randolph,

Secretary of War:
SlE: I am well acquainted with G. Iluggins Cleveland, who is anx-
ious to raise a creole battalion or regiment. He is a man of character
and much respected, and will do good service in any station, I,

1088 CORRESPONDENCE, ETC.

too, highly approve of his plan. I know the character of the popula-
tion he proposes to enlist, and think they will render as efBcient aid
as any class we have. If the rules of the Department will permit it,
I hope he will be accepted.

I am, yours, very respectfully,

E. S. DARGAN.

[Inclosure.]

Mobile, Ala., April 23, 1862.
Sir : I can raise a battalion or regiment of Creoles, who are mixed
blooded ; all of them free under the treaty with France by which
Louisiana was acquired. They are mostly property-holders, owning
slaves, and a peaceable, orderly class, and capable of doing good
service. They are as true to the South as the pure white race. As
yet none of them have gone to the war, but have been anxious to do
so. If such a battalion or regiment can be received, I can raise it in
a few days. Please let me know if such material will be accepted.
I am, very respectfully, your obedient servant,

G. HUGGINS CLEVELAND.

Richmond, Va., April 23, 1862.
Governor Brow^n,

Savannah :
An act has passed and been approved authorizing the President to
accept State troops, if tendered by the Governor and authorized in
conformity with the act of March 6, 1861. You can therefore tender
your State troops, and if organized in conformity with said act they
will be received.

G. W. RANDOLPH,

Secretary of War.

[April 23, 1862. — For Milton to Randolph, in relation to the organ-
ization of troops in Florida, see Series I, Vol. LIII, p. 238. ]

Military Department,
Columbia, 8. CL, April 28, 1862.
Hon. G. W. Randolph,

Secretary of War:
Sir: I ask leave to inclose a report* made by me to the Governor
and Council of South Carolina, a copy of which in February last was
sent to your predecessor. It relates to the power of appointment in
the regular forces raised by South Carolina anterior to the formation
of our present Confederacy and subsequently turned over to the Con-
federate Government. A difference of opinion had arisen between
the Confederate Government and this State as to the power of appoint-
ment of officers in said forces. The report was sent for the purpose
of presenting the views of the Governor and Council on the subject.
No response has ever been received to the communication inclosin<'-

*See February 10, p. 913.

CONFEDERATE AUTHOEITIES. 1089

the report, and we proceeded, as we thought we had the right to do,
to appoint officers and fill vacancies. Since then I received a com-
munication from Col. W. R. Calhoun, commanding at Fort Sumter,
inclosing an opinion from you that the power of appointment in these
formations was in the President of the Confederate States. With a
view to prevent conflict I ask leave again to call your attention to the
subject and to the perusal of the inclosed report. Embraced in this
regular force was a battalion of dismounted dragoons. It has dwin-
dled down to only two companies. I desire to know, first, whether
you will permit us to raise it to a full battalion by recruiting three
more companies, and whether you will accept the officers whom we
shall appoint for that purpose; second, whether you will permit the
officers to assure a bounty from the Confederate Government as here-
tofore provided for recruits for the war.

With great respect, I have the honor to be, most respectfully, your
obedient servant,

JAMES CHESNUT, Jr.,
Chief of Military Department of South Carolina.

Demopolis, Ala., April 24, 1862.
Hon. George W. Randolph,

Secretary of War:

Sir: In obedience to your instructions handed to mo at Richmond,
I proceeded at once to the line of the railroad from Selma, in Ala-
bama, to Meridian, in Mississippi, and up to the present time have
endeavored to obtain such information as I could as to the present
condition of the road and prospects of its early completion. I have
delayed a report to you until now so that I could obtain an interview
with the president and directors of the Alabama and Mississippi
Rivers Railroad Company and ascertain their prospects and plans for
the early completion of their road so as to connect at Meridian. On
yesterday I attended a session of the board of directors and had a
conference with them on the subject of the road. The first and most
important object of the company was to obtain the advance of the
$150,000 authorized by Congress, and to this end the following papers
were prepared and submitted to my examination, to wit: First, the
' note of the company, payable to the Confederate States of America,
for $150,000, ten years after date; second, a mortgage on the entire
road bed, fixtures, rolling-stock, depot property, machine-shops, <fcc.,
to secure the payment of the note; third, tlie obligation of the com-
pany, with ample personal security, for the prompt and faithful appli-
cation of the money toward the completion of the road; fourth, an
agreement by the company in the meantime to transport promptly
over their road, or any part of it, any and all troops, munitions of
war, provisions, or other articles which the Government may desire
to forward, and to credit any expense thus incurred by the Govern-
ment on the note of the company till the amount thereof be extin-
guished.

These several papers duly executed will be transmitted to you so
soon as the mortgage can be recorded in the four counties of Dallas,
Perry, Marengo, and Sumter, through which the road passes. I have
made an estimate of the value of the road with its fixtures, depot
property, rolling-stock, machine-shops, &c., and have looked into the

69 R R — SERIES IV, VOL I

1090

liens already existing upon the property of the companj', and am sat-
isfied the seeui'ity offered by the mortgage is amply good. I will, if
you prefer, send you a detailed statement of my estimates of the
value of the road and of the existing liens upon it. If iipon receiving
the several papers above enumerated you should concur with me in
opinion that the repayment of the $150,000 is amply secured by the
mortgage, the company will desire to receive the money at the earliest
possible day, and a check or draft on Mobile would answer the pur-
poses of the company. Knowing it to be tlie desire of the Govern-
ment to have this route in a condition to be used at the earliest possi-
ble moment, I have directed my inquiries in the first instance to the
completion of the I'oad to this point, and to the best and shortest
mode of reaching the Mobile and Ohio Railroad from this jilace. The
railroad from Selma to this place is now completed within eight miles
of this place, and will be within five miles in two weeks. From this
point to Gainesville, on the Tombigbee River, a distance of about
thirty miles by land, and abotit double that number of miles by water,
the river is now in fine condition for navigation, and steam-boats
could readily be procured in Mobile to be used on this route if needed
by the Government. From Gainesville to the Mobile and Ohio Rail-
road, a distance of some twenty miles, a railroad has already been
completed Avith the exception of some two miles near Gainesville. I
have placed myself in communication with the president of the Gaines-
ville i-oad, and liave earnestly urged the prompt building of the two
miles of the road now unfinished. I refer to this route so that it may
be brought in use by the Government if required. The president and
directoi's of the Alabama and Mississippi Rivers Railroad Company
promise to use every effort to push forward tlieir road. They adopted
a resolution authorizing me to exercise tlie power conjointly with their
principal engineer of directing the progress of the work, and I shall
devote to it every i>ossible attention. You will notice that in execut-
ing the note for $150,000 nothing is said upon the subject of interest.
In reference to the interest, the company take the ground that for the
accommodation of the Government they will have to make sacrifices
to finish their road, iron and materials being at this moment quite
high. I am satisfied there is much force in the ground assumed by
the company on the question of interest, but I deemed it best to take
the obligation of the company to credit on the note any claims against
the Government for services rendered by the road even before the
maturity of the note. The company have engaged about 1,000 tons
of railroad iron now in New Orleans, which will have to be forwarded
by the New Orleans and Jackson Railroad and the Southern Rail-
road. As these roads are understood to bo under the control of the
Government, I have to request that you will furnish me at once an
order to these companies to transport the iron without delay.

Another subject I desire to bring to your notice. A railroad has been
constructed from the town of Cahaba, on the Alabama River, to Marion,
in Perry, a distance of twenty-eight to thirty miles. This road has
been unprofitable to its stockholders, is now understood to be involved
in a chancery suit, and might, without much public inconvenience, be
dispensed with. You will see from the map that this road crosses the
Alabama and Mississippi Rivers Railroad about foui-teen miles from
Marion. As the rails on the road and its rolling-stock would be impor-
tant in completing and equipping the Alabama and Mississippi Rivers
Railroad, and even essential (as it is now quite difficult to procure by

CONFEDERATE AUTHORITIES. 1091

purchase either rails or rolling-stock), I respectfully advise that you
give me an order to impress the rails from Cahaba to the place of
crossing the Alabama and Mississippi Rivers Railroad with the rolling-
stock, materials on hand, &c., to be used in completing the Alabama
and Mississippi road upon such terms and conditions as to compen-
sation as you may deem best. I understand such an order from the
Government would be willingly acquiesced in by many of the prin-
cipal stockholders in this company, as the road is now doing nobody
much good. The Alabama and Mississippi Rivers Railroad Company
have taken steps to arrange a proper connection at Reagan with the
Northeast and Southwest Company. If before the road can be com-
pleted the Government should find occasion to send troops on this
road I am assured by the company that every effort will be made to
pass them speedily by way of the river route to Gainesville, provided
a few days' notice be given in advance of the desire of the Government.
One other suggestion and I will close this report, already longer than
I could wish. In the event the enemy should get into possession of
Mobile Ihe road from Selma to Meridian will become a necessity to the
Government. Most of the planters in this part of the country have
j)retty much abandoned the cultivation of cotton and put their lands
in corn. This .state of things will diminish the labor usually employed
in the cultivation of crops, and hands can on many plantations be
spared for other purposes. Negro laborers could to a considerable
extent be impressed by the Government without much public injury.
If therefore you deem it advisable to cause the road from Selma to
Meridian to be completed at the earliest possible day, and think proper
to give the necessary order for impressing laborers, your order will be
promptly and carefully executed.
I am, very respectfully,

A. S. GAINES,
Engineer and Special Agent.

P. S. — I am informed that the Marion and Cahaba Railroad Com-
pany have on hand 400 tons of iron and 400 kegs of spikes not here-
tofore used and proposed to be used on an extension of their road now
abandoned. I hope your order will be broad enough to allow me to
take these. I am further informed that the Eufaula Railroad Com-
pany have a new locomotive and certain cars and spikes at Mont-
, gomery, and that the biiilding of their road has been suspended. I
suggest that your order be broad enough to allow these to be taken
and used also.

State of North Carolina, Executive Department,

Raleigh, April 2Jt, 1862.
Hon. George W. Randolph,

Secretary of War, Richmond, Va.:
Sir: I desire to carry out the conscription act fairly and to the full-
est extent of the wants of the country; and presume, as a guide, that
you will publish some regulations and instructions in detail to aid in
understanding the method of carrying it out. But in the meantime I
am so circumstanced as to be compelled to make some immediate
inquiries, which I trust you will indulge me with a consideration.
The late Secretary of War made a call on the State for her quota
(being one-sixth of the white population, 631,000), amounting in round

1092 CORRESPONDENCE, ETC.

numbers to 38,000. This number is now in field from North Caro-
lina. Twelve regiments of troops originally for the war-service have
been fully recruited. The twelve-months' regiments have very
generally re-enlisted, taking the furloughs and bounty. Those over
thirty-five years who have taken the bounty, I presume, will not be
relieved under the ninety-daj^s' clause. Besides the above troops in
the Confederate service, within the past two months I have recruited
for the war about 10,000 troops, who are mostly now in our camp of
instruction (Camp Mangum) near this place, and some companies are
still recruiting. These troops were intended to be drilled and dis-
ciplined here, and turned out for the defense of the State when required
or turned over to the Confederate service if a larger number were
required from us. First. I desire now to inquire if the State has her
present quota in the field ? Until another quota is called will the
conscript act be enforced? Second. If more are required, will the
recruits now iu our Camp Mangum be received in lieu of the con-
scription ; and will the volunteers over thirty-five years be accepted
in place of the conscript ? Third. Is the volunteering stopped on the
passage of the conscription ? Fourth. Will the Confederate bounty
be paid to any one who volunteers subsequent to the passage of the
act? Fifth. Will the conscription act take in the militia officers as
well as privates ? Sixth. If North Carolina has not in the field her
requisite number or quota, will the new volunteers be received ; or
will there be a conscription to fill up to the maximum the companies
of the present regiments? The twelve regimants now in camp of
instruction,' and organized by election of field officers, are being
regularly drilled, but the ordinary camp sickness prevails extensively
among them; but they are not armed, and I see but little prospect of
procuring arms unless you will capture them from the Yankees.
Whenever these regiments can be made available they shall be in
service. When and upon what grounds are they to be turned over to
you? The solution of these inquiries will aid me much — in fact, are
necessary for me to fulfill my engagements to the Confederate States.
One answer I would like to have by telegraph — whether volunteers
can be received since the passage of the conscript act.
Most respectfuUj'^, yours,

HENRY T. CLARK.

Richmond, Va., April 26, 1862.
Honorable Secretary of War:

To carrj' into full effect the act of Congress approved April IG, 1862,
calling citizens of the Confederate States between the ages of eight-
een and thirty-five into the military service, it is hereby ordered
that so far as the interests of the service will permit the persons
employed in the offices of the Executive Departments of the Confed-
erate Government and the staff departments of the Army and Navy
will be selected from those not subject to military duty. General
officers who are provided with the aides-de-camp allowed by law,
should they find it necessary to accept supernumerary or volunteer
aides, must only receive those exempt from military service.

JEFFERSON DAVIS.

(Copies to the Secretaries of the Navy, State, and Treasury, and to
the Attorney-General and Postmaster-General.)

CONFEDERATE AUTHORITIES. 1093

General Orders, ) War Department,

[ Adjt. and Insp. Genbrai/s Office,
No. 29. ) Richmond, AprU 26, 1862.

1. The following regulations concerning substitutes in the Army are
published by direction of the Secretary of War:

\. Any non-commissioned officer or soldier not indebted to the Government who
wishes to procure a substitute may obtain from his captain a permit for the pro-
posed -substitute to'report himself at the camp of the company for examination,
and such permit shall operate as a passport, but shall not entitle the holder to
transportation at the expense of the Government.

2. If the substitute be exempt from military duty, and on examination by a
surgeon or assistant surgeon of the Army be pronounced sound and in all respects
fit tor military service, he shall be enrolled and mustiered into service for three
years, unless the war sooner terminate ; and the non-commissioned officer or sol-
dier procuring him shall thereupon be discharged, but shall not be entitled to
transportation at the expense of the Government.

3. If a non-commissioned officer or soldier discharged by reason of a substitute
be indebted to the Government the officer granting the discharge shall be liable
for the debt.

4. All pay and allowances due to the non-commissioned officer or soldier dis-
charged shall go to the substitute at the next pay-day.

5. Substitution shall not exceed one per month in each company, and shall be
noted in the next morning report, muster-roll, and monthly return.

II. When any person liable to military duty under the act of Con-
gress, but not mustered into service in any company, desires to fur-
nish a substitute he shall report himself with the substitute to the
commandant of a camp of instruction for recruits raised under the
said act; and if the substitute be lawfully exempt from niilitarj'^ duty
and on examination by a surgeon or assistant surgeon be pronounced
sound and in all respects fit for military service he may be accepted
and enrolled, and the person furnishing such substitute may be dis-
charged by the commandant of the camp. But no substitute shall be
entitled to transportation or other allowance at the expense of the
Government until so accepted and enrolled.

III. On the reorganization of new companies from companies
already in service and the election consequent thereon of officers
according to existing laws, the commissions of such of the officers of
former companies as may not be re-elected will necessarily expire and
they wUl cease to be in service from the date of reorganization and
election.

By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Executive Office,
JacTcson, Miss., April 2G, 1862.
Hon. G. W. Randolph,

Secretary of War :
Sir: I have ordered an enrollment of all men subject to the con-
scription act. As the law prescribes no mode of putting it in oper-
ation, I have adopted this mode as the most expeditious ; and as General
Beauregard has called on me for 3,000 recruits to fill up the companies
under his command, I have issued a proclamation calling for that
number of volunteers, believing that I can place them in the compa-
nies before the enrollment can be made. You will please give me all
the information necessary to put the [law] in full operation as soon
as possible. Say to the President that he may rely on Mississippi to the
last man.

Respectfully, JOHN J. PETTUS.

1094 COREESPONDENCE, ETC.

Richmond, Fkedebicksbukg and Potomac R. R. Co.,

President's Office,
Richmond, April 26, 1862.
Hon. George W. Randolph,

Secretary of War :

Dear Sir: At the risk of seeming tedious, permit me to say that
my impression that you were mistaken last night in your recollection
of the extent to which Louis Napoleon used railroads in transporting
his army into Sardinia is this morning confirmed by a gentleman who
is a most experienced and well-informed railroad officer, and is also
the most devoted student of geography and military histoiy, with the
most accurate and extraordinary memory for every detail, however
minute, of battles and all other military operations, that I have ever
met with. He is positive in his recollection that not less than 100,000,
and probably more, of that army were gradually concentrated at Tou-
lon and sent thence by sea to Genoa, and the rest were during some
six weeks being concentrated at a little town (the name of which I
now forget) on the confines of France and Italy, whence they were
transfen-ed, partly on foot and partly on a double-track railroad, into
Sardinia. The capacity of a double-track railroad, adequately
equipped like the European railways, may be moderately computed
at five times that of a single-track road like those of the Confederate
States. For the sudden and rapid movement of a vanguard of an
army, to hold in check an enemy till re-enforced, or of a rear guard
to cover a retreat, or of any other portion of an army which must move
suddenly and rapidly, and for the transportation of ordnance, ammu-
nition, commissary and other military supplies, railroads are avail-
able and invaluable to an ai-my. And when these objects of prime
necessity are attained they can advantageously carry more troops
according to the amount of the other transportation required, the dis-
tance, their force and equipment, &e. But to rely on them as a
means of transporting any large body of troops, besides what is needed
to supply and maintain them, is certainly a most dangerous delusion
and must inevitably result in the most grievous disappointment and
fatal consequences.

Very respectfully and truly, yours, &c.,

P. V. DANIEL, Jr.,

President.

P. S. — As a railroad officer, interest would prompt me to advocate
the opposite theory about this matter, for troops constitute the most
profitable, if not the only profitable, part of army transportation by
railroads. But I cannot be less a citizen and patriot because I am a
railroad officer.

General Orders, ) War Department,

[■ Adjt. and Insp. General's Office,
No. 30. ) Richmond, April 28, 1862.

I. The following acts, having passed both Houses of Congi-ess,
were duly approved by the President, and are now published for the
information of the Army :

AN* ACT to organize bands of partisan rangers.

Section 1. 27ie Congress of the Confederate States of America do enact, That
the President be, and lie is hereby, authorized to commission such officers as he

CONFEDERATE AUTHORITIES. 1095

may deem proper with authority to form bands of partisan rangers, in compa-
nies, battahons or regiments, either as infantry or cavalry, the companies, bat-
talions or regiments to be composed each of such numbers as the President may
approve.

Sec. 2. Be it further enacted, That such partisan rangers, after being regularly
received into service, shall be entitled to the same pay, rations and quarters
during their term of service, and be subject to the same regulations as other
soldiers.

Sec. 3. Be it further enacted, That for any arms and munitions of war captured
from the enemy by any body of partisan rangers and delivered to any quarter-
master at such place or places as may be designated by a commanding general,
the rangers shall be paid their full value in such manner as the Secretary of War
may prescribe.

Approved April 21, 1862.

AN ACT to further provide fur tlio public defense.

In view of the exigencies of the country, and the absolute necessity of keeping
in the service our gallant Army, and of placing in the field a large additional
force to meet the advancing columns of the enemy now invading our soil:
Therefore

Section 1. Tlie Congress of the Confederate States of America do enact. That
the President be, and he is hereby authorized to call out and place in the military
service of the Confederate States, for three years, unless the war shall have been
sooner ended, all white men who are residents of the Confederate States, between
the ages of eighteen and thirty-five years at the time the call or calls may be made,
who are not legally exempted from military service. All of the persons afore-
said who are now in the Armies of the Confederacy, and whose term of service
will expire before the end of the war, shall be continued in the service for three
years from the date of their original enlistment, unless the war shall have been
sooner ended : Provided, Iwieever, That all such companies, squadrons, battalions,
and regiments, whose term of original enlistment was for twelve months, shall
have the right, within forty days, on a day to be fixed by the commander of the
brigade, to reorganize said companies, battalions, and regiments, by electing all
their oflflcers, which they had a right heretofore to elect, who shall be commis-
sioned by the President : Provided, further. That furloughs not exceeding sixty
days, with transportation home and back, shall begranted to all those retained
in the service by the provisions of this act beyond the period of their original
enlistment, and who have not heretofore received furloughs under the provisions
of an act entitled "An act providing for the granting of bounty and furloughs to
privates and non-commissioned ofQcers in the Provisional Army," approved
eleventh December, eighteen hundred and sixty-one, said furloughs to be granted
at such times and in such numbers as the Secretary of War may deem most com-
patible with the public interest : And provided, further. That in lieu of a furlough
the commutation value in money of the transportation hereinabove granted,
shall be paid to each private, musician, or non-commissioned officer who may
elect to receive it, at such time as the furlough would otherwise be granted:
Provided, further, That all persons under the age of eighteen years or over the
age of thirty-five years, who are now enrolled in the military service of the Con-
federate States, in the regiments, s(iuadrons, battalions, and companies hereafter
to be reorganized, shall be required to remain in their respective companies, squad-
rons, battalions and regiments for ninety days, unless their places, can be sooner
supplied by other recruits not now in the service, who are between the ages of
eighteen and thirty-five years ; and all laws and parts of laws providing for the
re-enlistment of volunteers and the organization thereof into companies, sciuad-
rons, battalions, or regiments, shall be and the same are hereby repealed. .

Sec. 2. Be it furtlier enacted. That such companies, squadrons, battalions, or
regiments organized, or in process of organization by authority from the Secre-
tary of War, as may be within thirty days from the passage of this act, so far
completed as to have the whole number of men requisite for organization actually
enrolled, not embracing in said organizations any persons now in service, shall be
mustered into the service of the Confederate States as part of the land forces of
the same, to be received in that arm of the service in which they are authorized
to organize, and shall elect their company, battalion, and regimental officers.

Sec. 3. Beit further enacted. That for the enrollment of all persons compre-
hended within the provisions of this act, who are not already an service in the
Armies of the Confederate States, it shall be lawful for the President, with the
consent of the Governors of the respective States, to employ State officers, and on

1096

failure to obtain such consent, he shall employ Confederate ofa.cers, charged with
the duty of making such enrollment in accordance with rules and regulations to
be prescribed by him.

Sec. 4. Be it further enacted, That persons enrolled under the provisions of the
preceding section, shall be assigned by the Secretary of War, to tne different com-
panies now in the service, until each company is filled to its maximum number,
and the persons so enrolled shall be assigned to companies from the States from
which they respectively come.

Sec. 5. Be it further enacted. That all seamen and ordinary seamen in the land
forces of the Confederate States, enrolled under the provisions of this act, may,
on application of the Secretary of the.Navy, be transferred from the land forces
to the naval service.

Sec. 6. Be it further enacted, That in all cases where a State may not have in
the Army a number of regiments, battalions, squadrons or companies, sufficient
to absorb the number of persons subject to military service under this act, belong-
ing to such State, then the residue or excess thereof, shaU be k^t as a reserve,
under su3h regulations as may be established by the Secretary of War, and that
at stated periods of not greater than three months, details, determined by lot,
shaU be made from said reserve, so that each company shall, as nearly as practica-
ble, be kept fuU : Provided, That the persons held in reserve may remain at home
until called into service by the President: Provided, also. That during their stay
at home they shall not receive pay : Provided, further. That the persons compre-
hended in this act, shall not be subject to the rules and articles of war, until mu.s-
tered into the actual service of the Confederate States ; except that said persons,
when em-oUed and liable to duty, if they shall willfully refuse to obey said call,
each of them shall be held to be a deserter, and punished as such, under said
articles: Provided, further. That whenever, in the opinion of the President, the
exigencies of the public ser\'ice may require it, he shall be authorized to call into
actual service the entire reserve, or so much as may be necessary, not previously
assigned to different companies in service under provision of section 4 of this act ;
said reserve shall be organized under such mles as the Secretary of War may
adopt : Provided, The company, battalion and regimental officers shall be elected
by the troops composing the same : Provided, The troops raised in any one State
shall not be combined in regimental, battalion, squadron or company organiza-
tion with troops raised in any other States.

Sec. 7. Be it further enacted. That all soldiers now serving in the Army or mus-
tered in the military service of the Confederate States, or enrolled in said service
under the authorizations heretofore issued by the Secretary of War, and who are
continued in the service by virtue of this act, who have not received the bounty
of §50 allowed by existing laws, shall be entitled to receive said bounty.

Sec. 8. Be it further enacted. That each man who may hereafter be mustered
into the service, and who shall arm himself with a musket, shotgun, i-ifle or car-
bine, accepted as an efficient weajjon, shall be paid the value thereof, to be ascer-
tained by the mustering officer under such regulations as may be prescribed by
the Secretary of War, if he is willing to sell the same, and if he is not, then he
shall be entitled to receive $1 a month for the use of said received and approved
musket, rifle, shotgun or carbine.

Sec. 9. Be itfurtlier enacted. That persons not liable for duty may be received
as substitutes for those who are, under such regulations as may be prescribed by
the Secretary of War.

Sec. 10. Be it further enacted, That all vacancies shall be filled by the Presi-
dent from the company, battalion, squadron or regiment in which such vacan-
cies shall occur, by promotion according to seniority, except in case of dis-
ability or other incompetency : Provided, however, That the President may, when
in his opinion, it may be proper, fill such vacancy or vacancies by the promotion
of any officer or officers, or private or privates from such company, battalion,
squadron or regiment who shall have been distinguished in the service by exhi-
bition of valor and skill ; and that whenever a vacancy shall occur in the lowest
grade of the commissioned officers of a company, said vacancy shall be filled by
election : Provided, That all appointments made by the President shall be by and
with the advice and consent of the Senate.

Sec. 11. Be it further enacted, That the provisions of the first section of this act,
relating to the election of officers, "shall apply to those regiments, battalions, and
squadrons which are composed of twelve-months' and war companies combined
in the same organization, vnthout regard to the maimer in which the officers
thereof were originally appointed.

Sec. 12. Be it further enacted, That each company of infantry shall consist of
125, rank and file ; each company of field artillery of 150, rank and ffie ; each of
cavalry, of 80, rank and file.

CONFEDERATE AUTHORITIES. 1097

Sec. 13. Be it further enacted. That all persons, subject to enrollment, who are
not now in the service, under the provisions of this act, shall be permitted, pre-
vious to such enrollment, to volunteer in companies now in the service.

Approved April 16, 1863.

II. — Enrollment and disposition of recruits.

1. An officer not below the rank of major will be detailed for each
State to take charge of the enrollment, mustering in, subsistence, trans-
portation, and disposition of the recruits raised under the above act.

2. Application will be made immediately to the Governors of the
several States for permission to employ State ofiBcers for said enroll-
ment; and in case such permission be not granted, ofBicers of the
Army will be selected by the Department to perform that duty, under
such regulations as may be prescribed. Where State officei'S are
employed the regulations of the respective States in regard to mili-
tary enrollment will be observed as far as applicable.

3. The enrolled men in each State will be collected in camps of
instruction by the officers in command of the recruits, the said camps
to be selected with reference to health and the facilities for obtaining
subsistence and transportation. The number of these camps shall
not exceed two in each State, without authority from the Department;
and to each will be allowed a quartermaster and a commissary.

4. The commandants of the camps of instruction in the several
States will call upon the generals commanding the military depart-
ments in which their camps may be situated for competent drill offi-
cers to instruct the recruits, and will prepare them for the field as
rapidly as possible. They will cause them to be promptly vaccinated,
and in ordering them to the field will, as far as practicable, prefer
those who have passed through the usual camp diseases. They will
establish hospitals in connection with their camps, and make requisi-
tion for such medical attendance and stores as may be required.

5. The commandants of regiments, battalions, squadrons, and unat-
tached companies in service on the 16th instant will send copies of
their muster-rolls to the commandant of the proper camp of instruc-
tion in their respective States, with officers to take charge of such
recruits as may be furnished to said corps. The said commandants
will apportion the recruits among such corps in proportion to the
deficiency of each, except when otherwise specially directed by the
Department, allotting as far as practicable to each such corps the
men from the regions of country in which it has been raised. They
will from time to time send off such bodies of recruits as are ready
for the field, and will report on the first Monday of every month to
the Department the number of recruits in camp, their condition, the
number sent oflE during the month, and the regiments and corps to
which they were sent.

6. The commandants of regiments and corps will distribute the
recruits among their several companies; and in such as have not the
number of companies allowed by law to a regiment, the said com-
mandants may organize the j-equired number of new companies, after
first filling up the existing companies to the minimum numbers required
by law; that is to say, for each company of infantry, sixty-four pri-
vates; of cavalry, sixty privates; of artillery, seventy privates.

7. The recruits will be apportioned among the several arms of serv-
ice according to their respective wants, consulting as far as practi-
cable the preference of the men. Where a greater number offer for
a particular arm than can be assigned to it, the distribution will be

1098 COKRESPONDENCE, ETC.

determined by lot; but recruits for the cavalry will only be taken
from those who furnish their own horses.

III. — Volunteers for existing corps.

8. Persons liable to military service under the above act, not in
service on the 16th of April, and wishing to volunteer in any particu-
lar company in the Confederate service on the 16th day of April, may
report themselves prior to their enrollment at a camp of instruction
within their respective States, where they will be enrolled, prepared
for the field, and sent to the said company until the same shall be
filled up.

9. Recruiting officers may be detailed, with the permission of the
generals commanding military departments, by the commandants of
regiments and corps and sent to their respective States for the pur-
pose of receiving for such regiments and coi-ps, in conformity with
recruiting regulations heretofore adopted (General Orders, No. 6), all
volunteers desiring to join them. Such volunteers may be assembled
at the camps of instruction in their respective States, prepared for the
field, and sent to their respective regiments and corps until the same
shall be filled up; or, if ready for the field, may be ordered directly to
their corps by the officer so recruiting them.

IV. — Volunteer corps heretofore authorized.

10. Persons liable to military service under tliis act, and not in
service on the 16th day of April, may, until the 17th day of May next,
volunteer in corps heretofore authorized to be raised by the Secretary
of War, or by the Executive of any State, as part of the quota thereof,
in pursuance of a call made upon such State by the President. Per-
sons authorized to raise such corps, who may not on that day have the
necessary number of men enrolled and mustered into service, accord-
ing to the terms of their authority, will proceed with their men to a
camp of instruction in their respective States, and will deliver their
muster-rolls to the commandant thereof.

11. The commandants of such corps as are completed on or before
the 17th day of May, and not otherwise ordered, will report to the
commandants of the recruits of their respective States, and with their
corps will be placed by him in a camp of instruction, and reported
immediately to the Department. Such corps will be under the com-
mand of the commandants of recruits in their respective States, and
will be prepared lor the field in like manner with the recruits, until
removed from the camp. They will only be moved .under orders from
the Department, from the commanding general of the Army, or, in
urgent cases, from the commanding general of the military depart-
ment in which the camps may be situated; and in such cases report
will immediately be made to the Department by the officer in command
of the camp.

V —Additional corps— guerrilla service.

12. Under the prohibition of this act against the organization of
new corps, no further authority for that purpose can be given, except
that specially provided for in the act of Congress entitled "An act to
organize bands of partisan rangers." For this latter purpose applica-
tions must be made through the commanding generals of the military
departments in wliich tlie said corps are to be employed.

CONFEDERATE AUTHORITIES. 1099

VI. — Reorganization of twelve-months' corps.

13. All regiments, battalions, squadrons, and companies of twelve-
months' volunteers will reorganize within forty days from the 16th of
April, by electing all their officers which they had a right heretofore
to elect, and on such days as the brigade commander may prescribe;
and the said brigade commanders are hereby ordered to fix and
announce the day for such reorganization as soon as practicable. No
person who is to be discharged under the provisions of the act will
take part in such election.

14. The form of holding and certifying the elections will be in con-
foi-mity with the laws of the State from whioh the men, or the major
part thereof, may come; and when the election of field officers is to
be made by company officers the latter will be first elected. All
certificates of election will be returned to the Adjutant-General's
Office and the officers will be commissioned by the President. They
will, however, on receiving a copy of the certificate of election imme-
diately enter upon duty. Officers not re-elected will be relieved from
duty and the brigade commander will return their names to the
Department.

VII.— Corps raised for local defense.

15. Corps raised for local defense will retain their organization dur-
ing the term of such enlistment unless previously disbanded, but
members of such corps may volunteer into coips for general service,
as herein above provided.

VIII. —Discharges.

IG. When any company now in service for twelve months shall,
before the 16th day of July next, attain the maximum numbers pre-
scribed by this act, without including the men under eighteen and
over thirty-five years of age, all such men may be discharged, and
such of them as remain in service on the said day will, upon their
application, be then discharged, whether sucli maximum be attained
or not.

IX. — Transfers.

17. The right to change company or corps in virtue of re-enlistment
ceases to exist by the repeal of all'laws in regard to re-enlistment, but
transfers of individuals or of companies may be made, as heretofore,
within the discretion of the Depai-tment, on applications approved
by commanding officers.

X.— Substitutes.

18. When any person liable to military duty under this act, but not
yet mustered into service in any company, desires to furnish a sub-
stitute, he shall report himself, with the substitute, to the comman-
dant of a camp of instruction, and if the substitute be lawfully
exempt from military duty, and on examination by a surgeon or
assistant surgeon be pronounced sound and in all respects fit for
military service, he may be accepted and enrolled, and the person
furnishing such substitute may be discharged by the commandant of
the camp. But no substitute shall be entitled to transportation or
other allowance at the expense of the Goverjuneut until so accepted
and eu rolled. '

1100 CORRESPONDENCE, ETC.

XI.— Exemptions.

19. Persons claiming exemption from military duty under this act
shall be required by the enrolling officer to make oath that they are
lawfully exempt and shall be furnished by him with a certificate of
such exemption.
By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Richmond, April 28, 1862.

His Excellency JOSEPH E. Brown,

Governor of tlie State of Georgia :
Dear Sir : I have received your letter of the 22d instant informing
me of your transfer of the Georgia State troops to General Lawton,
commanding Confederate forces at Savannah, suggesting that there
be as little interference as possible on the part of the Confederate
authorities with the present organization of those troops, and men-
tioning various persons and classes as proper subjects for exemption
from military service under the provisions of "An act to further
provide for the public defense," approved on the 16th instant. I
inclose copies of the act for receiving State troops tendered as organ-
ized, and of the exemption act.* By the first, interference with the
present organization of companies, squadrons, battalions, or regi-
ments tendered by Governors of States is specially disclaimed. Bj"^
tlie other, exemptions are made which explain (satisfactorily I trust)
the policy of Congress with regard to the pei-sons and interests you
specify. The constitutionality of the act you refer to as the "con-
scription.bill " is clearh^ not derivable from the power to call out tlie
militia, but from that to raise armies. Witli regard to the mode of
officering the troops now called into the service of the Confederacy,
the intention of Congress is to me, as to you, to be learned from its
acts, and from the terms employed it would seem that the policy of
election by the troops themselves is adopted by Congress.

Witli great regard, very respectfully, your obedient servant,

JEFFERSON DAVIS.

General Orders, i War Depaptment,

[• Adjt. and Insp. General's Office,
No. 31. ) Eichmond, April 29, 1862.

I. Military commanders are hereby prohibited from interfering
with the transportation of provisions on railroads, except when the
exigencies of the service require the exclusive use of the cars for the
transportation of troops, arms, and munitions of war.

II. All agents on railroads between Richmond, Va., and Jackson,
Miss. , will receive and forward promptly at least two trains weekly
of flour and breadstuffs to -lackson. Miss., marked "For the Com-
mittee of Public Safety, New Orleans," and in return shipments of
sugar and molasses made by the committee to Richmond or any other
place on the route, at the expense of parties making such shipments.

*See p. 1081 for both acts.

CONFEDERATE AUTHORITIES. 1101

But this order is not to interfere with the transportation of troops or
munitions of war, which in all cases will have preference, as above
indicated.

By command of the Secretary of War :

S. COOPER,
Adjutant and Insjjector Oeneral.

Office Commissary-Geneeal C. S. Army,

Bichmond, April 29, 1862.

Hon. GrEORGE W. RANDOLPH,

Secretary of War:
Sir : The stock of flour in the hands of depot commissaries here is
being rapidly reduced by demands from different points in the South,
where this article is scarce and relatively much dearer than in this
market. Further purchases can now be made here, payable only in
Treasury notes, and should be made at once, I think. The fall of New
Orleans puts a stop to further supplies of sugar and molasses. If the
enemy shall control the entire navigation of the Mississippi River we
shall be excluded from further receipts of beef from Texas, in which
State large numbers of cattle have been and were being brought at
latest dates under orders from this department. The same cause
will also prevent our getting a large number of cattle which have
been collected in the State of Louisiana. Unless my requisitions caii
be filled promptly and to an adequate amount in current funds, not
bonds (which latter are at a heavy discount), it will be almost if not
absolutely impossible for this department to feed the armies of the
Confederacy. The foregoing is submitted as being worthy of your
earliest attention.

I have the honor to be, verj^ respectfully, your obedient servant,

L. B. NORTHROP,
Commissary- General of Subsistence.

Tuscaloosa, April 29, 1862.
Mr. G. W. Randolph,

Secretary of War :
Dear Sir : I take the liberty of saying a word to you in regard to
the burning of cotton and tobacco as ordered by Congress. Has not
the time fully come when the torch should be applied to the cotton and
tobacco ? New Orleans has fallen an easy prey to the Yankees, cut-
ting in two the Confederacy, abandoning Missouri at least to Lincoln,
and cutting ourselves off from Texas, the only place where meat can
be supplied to our Army. The Mississippi River is now in their poWer
and will be opened to Pittsburg, and the scarcity in New Orleans,
amounting to almost destitution, will compel them to open trade with
the provision States. The Yankees will soon overrun the cotton States
and destroy our crops, which will starve the people and Army and
bring about submission to Lincoln, unless some great victories are
soon won by us, and we can see no prospect of that, or even maraud-
ing parties of a few thousand driven off of our best producing sections
in North Alabama, where fine wheat crops planted for our armies will
be harvested and given to our invaders. The wheat crop south of the
valley of tlie Tennessee River is poor; the Army cannot receive any

1102

support from that crop down South. The fall of New Orleans has
produced fear and alarm amongst the people for the success of the
cause for which we are fighting, and you will very soon see a procla-
mation from Lincoln to the Southern planters, making it a penal offense
for any one to burn cotton or tobacco, and I am sure it would greatly
alarm the people, and I am very sure they ^vill not burn a bale of cot-
ton, even on the Mississippi River, if they can avoid it, though they
know Lincoln will get every bale. They will haul it a few miles off
the river, and be made by the Lincoln army to haul it back. Now, sii-,
it appears to me a provost-marshal in every county in the cotton and
tobacco States should be appointed, with instructions to burn every
bale, reserving just enough to clothe each family, allowing one-half
pound to the yard, needed for one year, and the Confederacy take
charge of enough for the different factories. Let the tower be pulled
down at once and bo felt by Europe as well as America, for the South
is essential to the civilized world, and the powers of Europe could
have prevented the war by timely interference. Now let them suffer
while we are a ruined people. Why not carry the war into Kentucky,
or even their own territorj', if we can. Let them overrun the South,
as they Avill anyhow, shall wo not more likely turn them from the
South by sending our armies north ? Our struggle must be one of
endurance anyhow.

Now as to gun-boats, and I have done. Why, at this late period,
when Lincoln has covered the seas with iron-clad boats and ships, and
is ready to enter our harbors and destroy our cities, as at New Orleans,
begin to build iron-clad gun-boats ? What have we done but to get
them in an advanced state, and then turn them over to the Lincoln
Army to be turned against us. We have all the time, by retreating
and falling back, furnished his Army with guns and provisions, and
we are now doing the same by furnishing them gun-boats. Whenever
a people expect to prepare themselves for defense in time of war by
the women raising money to carry on the war, by giving \ip their lu-x-
uries, by selling suppers, and getting up raffles, it argues two things —
zeal in the people and weakness in the Government. Lincoln has
shown more wisdom in his extravagance than our Government in her
economy. We are too slow, and are too contented we shall ultimately
get our independence to accomplish anything but losses and disgrace.
Now, the gun-boats we are building at Charleston will fall into Lin-
coln's hands, when a large amount of money has been spent on them,
including the women's patriotic subscription. Give up such silly
notions and move from that city everything valuable, as it will be in
Lincoln's hands in thirty days; and so of Savannali. Let our gun-
boats be built under the shadow of the Merrimac and in haste, or
Norfolk must be taken, I fear. Excuse this long letter, as I feel very
intensely the suffering condition of our country and can see no light
before us.

Very i-espectfuUy,

A. BATTLE.

Richmond, Va., April 29, 186Z.
General George W. Randolph,

Secretary of War:

Sir: I have the honor to call your attention to General Orders, No.

8, of February 26, 1862, directing the formation of the Maryland

Line. Repeated applications for transfers have been made, but as

yet with very little success. In some cases the oflftcers have refused

CONFEDERATE AUTHORITIES. 1103

to forward applications for transfer. I would therefore respectfully
request that such orders and instructions be given as to insure the
speedj' formation of the Maryland Line, designating by whom the
transfers can be made and the place where all can assemble; and I
would further ask that it be made imperative upon officers to forward
any applications from the men. I feel confident that within a few
weeks all can be assembled and ready to take tlie field. The First
Maryland Regiment, being the largest body of Marylanders, could
serve as the niicleus, and all the rest be ordered to report there imme-
diately. At this time, in accordance with the conscription act, there
is a general reorganization of the Army, regiments from other States
receiving their recruits, being rapidly filled up, and electing their
company and field officers. The Marylanders, as you no doubt are
aware, are scattered in different regiments, almost all of them being
twelve-months' men and having already served nearly a year. They
are, almost to a man, anxious to serve the Confederate States. All
they ask is to be witli men from their own State. Some whose term
of service of twelve montlis has expired have l)een told by their offi-
cers that the conscription act will compel them to remain where they
now are. From all I can learn the Maryland men are greatly dis-
heartened at not being able to procure transfers and at the obstacles
thrown in their way. They consider the law plain enough, and won-
der why it is not carried out. They, like men of other States, nat-
urally wish to get together, to be with their relatives, friends, and
neighbors. As Maryland is not represented in Congress nor an
acknowledged State of the Confederacy, one great object which will
be attained in forming the Maryland Line will be its representing the
State. It will serve as a rallying point for all Marylanders, and will
be constantly increased by men coming over from Maryland. It will
serve also to keep up the spirits of our friends in Maryland by letting
them know the State is represented by an organized and constantly
increasing military body in the Confederacy. It being understood
that citizens from Maryland ai-e not subject to the operation of the
conscription laws, and therefore not liable to compulsory service
(though no one doubts the determination and the readiness of everj'
refugee from that State to sustain with all his might the Southern
cause), it is worthy of consideration how much it is due to persons
thus situated to observe and carry out a regulation of the Confeder-
ate Congress intended for their gratification, and which observance
cannot fail to be influential in confirming their loyalty and enthusi-
asm in the present crisis. It having been assigned to me individually
to carry out the objects contemplated in the order above referred to,
I feel it is my imperative duty to omit no proper exertion to accom-
plish the contemplated object, and I do not doubt you will feel that
I cannot do otherwise than present this subject as I have to your
attention.

I am, sir, very respectfully, your most obedient servant,

GEORGE H. STEUART,

Brigadier- General.

[Indorsement.]

Adjutant-General :

Issue general order requiring all native-born Marylanders in vol-
unteer regiments to be sent to Richmond to such officers as General
Steuart maj'^ designate. If the times of the men are out they are
entitled to their discharges, not being embraced by conscription act.

G. W. RANDOLPH.

1104 CORRESPONDENCE, ETC.

RICHMOND, Ax)ril 29, 1862.
Col. John S. Preston,

Columbia :
You are assigned to take charge of the enrollment, &c., of the
troops of South Carolina under the conscription act and regulations
relative thereto.

S. COOPER,
Adjutant and Inspector General.

General Orders, ) War Department,

y Adjt. and Insp. General's Office,
No. 32. ) Richmond, April 80, 1862.

The following act of Congress and regulation having been approved
by the President are published for the information of all concerned. *

I. All white men, residents of the Confederate States, between the
ages of eighteen and thirty-five years, not specially exempted by the
above act, are to be enrolled for military service.

II. The regulations already in force for ascertaining physical ability
or disability for military service are continued.

III. Certificates of exemption under this act will be granted by
enrolling officers, or bj' captains of companies, and commandants of
camps, bj' whom a substitute may have been received, to the person
furnishing such substitute, in conformity with regulations already
published.

IV. In accordance with the General Regulations, page 284, one
wagon Avith each i-egiment in the field will be appropriated for the trans-
portation of hospital supplies. This wagon, with the ambulances, will
be reserved for the especial use of the hospital department, and regi-
mental commanders and others are prohibited from using them for
other purposes.

By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Richmond, Va., April SO, 1862.
His Excellency Governor Brown,

Milledgeville :
Fearing that rny telegraph to you on the 2.3d instant about the State
troops may not have reached you, I repeat it. The State troops will
be received if tendered by you under an organization conforming to
the act of March 6, 1861. I presume that their present organization
conforms to that act. If so, I will accept them upon being notified of
your wishes. When in the Confederate service they will be in all
respects on the footing of the other troops, and may be filled up with
conscripts. All over thirty-five will be discharged in ninety days.

G. W. RANDOLPH,

Secretary of War.

*See an act to exempt certain persons from enrollment for service in the
armies of the Confederate States, approved April 21, 1862, p. 1081.

confederate authorities. 1105

Confederate States of America, War Department,

Richmond, Va., April SO, 1862.
His Excellency Governor H. T. Clark,

Raleigh, N. C:

Sir: Your letter of the 24tli instant was received on yesterday. In
reply I have the honor to say that the effect of the conscription act is
to supersede calls on the States for quotas. The number of men
between the ages of eighteen and thirty-five is assumed to be pre-
cisely m the ratio of population. The first effect of the act is to
retain in the service all soldiers who were there on April 16, the next
to fill up the regiments and companies with men liable to military
duty under the act by replacing those now in service who will be
exempt from age with those not now in service not so exempt, and
thus to fill up and keep full the existing corps to the maximum
allowed by law. If any States have not enough regiments already in
the service, or heretofore authorized by this Department to be raised,
to absorb the material between the ages of eighteen and thirty-five,
the excess will be collected in camps of instruction, disciplined, and
brought into service pursuant to section 9 of the act.

I will accept the State troops in their present organization, to be
received upon the same footing with other regiments already in the
Confederate service, the men over thirty-five and under eighteen to
be discharged within ninety days from April 16, and their places sup-
plied from the enrolled conscripts. The right of reorganization by
election belongs only to twelve-months' men ; those whose enlistment
is for a longer or shorter period remain in the service in their existing
organizations. These general remarks are supposed to answer several
of your specific inquiries. First. The enrollment of conscripts will
be made as soon as the requisite regulations can be prepared, in order
to relieve the men now in service who are over thirty-five years of
age. Second. The State troops will be relieved as stated above.
Third. Men over thirty-five years of age now in service will be dis-
charged within ninety days. They or others not now in service will
be at liberty to serve by voluntary enlistment, but not in lieu of con-
scripts, except as substitutes. Fourth. Volunteering is not stopped
by the conscript bill. By section 13 persons liable as conscripts may
volunteer in any company now in service. You are referred especially
to regulations 8 to 11, inclusive. The act approved December 11,
1861, providing for the payment of bounty to volunteers for the war,
continues in force. Fifth. Militia officers between eighteen and
thirty-five are embraced by the conscription act. The quota of each
State, under existing laws, will be all liable to military jduty under
the act of April 16. I inclose a copy of the act and regulations estab-
lished for carrying it into effect. *

Very respectfully, your obedient servant,

GEO. W. RANDOLPH,

Secretary of War.

* Embodied in General Orders, No. 30, p. 1094.
70 R R — SERIES IV, VOL I

1106 COREESPONDENCE, ETC.

Department of the Military,

Columbia, S. C, April SO, 1862.
Hon. G. W. Randolph,

Secretary of War, Richmond, Va.:

Sir: I have the honor to inclose for your consideration an official
copy of a resolution passed by the Governor and Council of this State.
I send with it, as the basis of the action, a communication from Gen-
eral Jones, chairman of the Board of Visitors of the State Military
Academy. These papers sufficiently explain the object and reason of
this letter, and I will add a very few observations : The students of
the academy are always ready, being well officered, organized, armed,
and equipped. We have always held them as a most efficient reserve,
and if occasion should require tliey will be far more effective organ-
ized as they are than they could be if thrown out separately and
absorbed in the various corps of the Army. I earnestly hope that it
may be consistent with your views of policy to issue very soon an
order giving effect to the request of the Governor and Council in this
particular.

There is another subject to which I beg leave to call your attention,
and it is certainly not of less importance than the other. The act
which provides for exemptions from service under tne late conscrip-
tion law of Congress does not embrace one of the most important
classes of our people. The masters or owners of negroes in this State
are, for the most part, now in the Army. Before going they had pro-
vided themselves with proper overseers for the management of their
slaves and for the production of their material supplies, without
which not only our people but our armies must perish. If the over-
seers should now be taken, the agricultural industry of this State
must be immeasurably damaged and diminished. Substitutes for
them, when they are Avithin the conscriptive age, cannot be obtained.
The men are not to be had, for they are not in the country, but in the
Army or the workshops or manufactories. In view of all this, per-
mit me, therefore, to make the following suggestions : An order stat-
ing that in any case where an overseer or manager of slaves between
the ages of eighteen and thirty-five has been exempt from the military
service by the law of the State in which he resides, he shall be, and is
hereby, assigned to the duty in which he is now engaged, without pay
from the Confederate Government, until further orders. This will
accomplish the object and leave him still under your control.

With an apology for obtruding so much upon you, I have the honor
to be, with great respect, your obedient servant,

JAMES CHESNUT, Jr.,

Chief, &c.

[Inclosure No. 1.]

Council Chamber,

Columbia, April SO, 1862.

Resolved, That the chief of the department of the military be author-
ized to correspond with the Confederate Government at Richmond,
requesting them to assign the officers and students of the State Mili-
tary Academy who may be over the age of eighteen years to the duties
in which they are now engaged, without pay, subject to be called into
active service when occasion may require.
Official copy.

B. F. ARTHUR,
Clerk of Council.

CONFEDERATE AUTHORITIES. 1107

[Inclosure No. 2.]

Columbia, April SO, 186'2.
His Excellencj' the Goveenok and

Executive Council of South Carolina:
The undersigned, as chairman of the Board of Visitors of the State
Militarj^ Academy, respectfully asks leave to call the attention of Your
Excellency and Council to the effect of the conscription act of the Con-
federate Congress on the State Military Academy. A large portion of
the cadets of that institution now pursuing their military and literary
studies and preparing themselves for a higher usefulness in military
operations are over the age of eighteen years and subject to conscrip-
tion under the Confederate act above referred to. If these young men
are not assured of being relieved from the operation of the conscrip-
tion act they will not wait to be called into the Confederate service,
but will immediately leave the academy to select such corps as they
may prefer to serve in. In that case the number left under the con-
scription age will be so few that the disbanding and breaking up of
the institution will be a necessity. I respectfuUv beg Your Excellency
and Council to take such measures to avert the calamity involved in
the destruction of that noble institution as to you may seem meet.

I have the honor to be, very respectfully, your obedient servant,

JAMES JONES,
Chairman of Board of Visitor a.

Engineer Bureau, April 30, 1862.
Capt. E. T.O. Myers,

Provisional Engineer Corps, C. S. Army:
Sir: By the decision of the Secretary of War you are directed to
proceed with the location of the Danville railroad extension, selecting
that route between Danville and Greensborough which may appear to
you best adapted to the economical construction and working of the
road, considered as a connecting link between the Virginia and the
Southern roads.

Very respectfully, yours,

A. L. RIVES,
Acting Chief Engineer Bwreau.

Columbia, S. C, April BO, 1862.
General S. Cooper,

Adjutant and Inspector General C. S. Army, Richmond, Va.:
General : I have the honor to acknowledge the receipt by telegraph
of j'our order assigning me to the charge of enrolling, &c., the troops
of South Carolina under the conscription act. However at variance
with my tastes and desires, at this stage of our national conflict I obey
the order cheerfully, and will execute it to the best of my ability. I
beg respectfully to suggest that one rendezvous or camp of instruc-
tion will be sufBcient for this State, and to ask that I be permitted to
select the locality, subject to the approval of the Department; and,
further, that I be specially charged, as military commandant of the
post and camp, with the organizations required by the law and regu-
lations, subject, of course, to the orders of the general commanding

1108 CORRESPONDENCE, ETC.

the department. Unless my authority for enrollment, organization,
subsistence, and movement is as full as the law allows, the service
may be impeded by a want of concurrent action between the Confed-
erate and State authorities. My purpose will be sedulously to har-
monize this action, but the State having a very large quota in the
field may be somewhat reluctant to suffer a further drain. With the
entire matter placed in my hands, under the general commanding, I
feel confident of energetic and harmonious action on the part of the
State authorities.

I have the honor to be, very respectfully, your obedient servant,

JNO. S. PRESTON,
Lieutenant- Colonel and Assistant Adjutant- General, C S. Army.

[First indorsemont.]

Adjutant and Inspector General's Office,

May 3, 1862.
Respectfully referred to the Secretary of War.

R. H. CHILTON,

Assistant Adjutant- General.

[SecoDd iudorBement.]

Adjutant-General, :

Send Colonel Preston the instructions prepared for commandants of
camps of instruction.

[G. W. RANDOLPH.] ,

C. S. Niter Bureau,
Richmond, May 1, 1862.
From this date until further notice 75 cents per pound will be paid
for niter by agents of the Government. Deduction will be made for
impurities exceeding 10 per cent. For lead and sulphur special
instructions as to price will be given.

I. M. ST. JOHN,
Major and Superintendent.

Confederate States of America, War Department,

Richmond, Va., May 1, 1862.
Jacob W. Payne, Esq.,

New Orleans, La.:
Sir: The Congress of the Confederate States has appropriated the
sum of $1,500,000 to aid the completion of the New Orleans and
Texas and Texas and New Orleans Railroads. This money the Gov-
ernment proposes to advance as it may become necessary, taking a
mortgage on the works and property of the roads for the return of
the money and personal security for its faithful application. For
this purpose we need an agent to advise us of the sufficiency of the
sureties and the condition and progress of the work, and we request
that you will act for us in that capacity. You may employ an engi-
neer whenever you may need professional advice; and, if you accept
the position, we beg that you will keep the Government advised
through this Department of all matters necessary to be known in
regard to the condition and progress of the work. I inclose herewith

CONFEDERATE AUTHORITIES. 1109

a copy of the act of appropriation* and of a letter of A. M. Gentry,
esq., president of the road.

Respectfully, your obedient servant,

GEO. W. RANDOLPH,

Secretary of War.

[Inclosnre.]

Confederate States of America, War Department,

Bichmond, May 1, 1862.
Honorable Secretary of War,

Confederate States of America:

Sir: The Texas and New Orleans Railroad (in Texas) extends
from Houston to the Sabine River, a distance of 106 miles. The rails
are laid the whole distance, but a portion were laid temporarily for
military transportation and needs finishing, and the building and
the completion of some bridges now under way; also, the connecting
this company's track in Houston with the rails of the four other roads
terminating at that point, as described by General P. O. Hebert. To
accomplish this it will require, under the estimates, $250,000 in bonds.
The company will secure the repayment of this sum by issuing
and executing to the Confederate States Government at once its
income mortgage bonds for same amount, pledging 10 per cent, of its
gross earnings as a sinking fund to liquidate the whole.

The New Orleans and Texas Railroad extends from the Sabine
River to New Iberia, on Bayou Teche, La., is 117 miles in length, and
all in the State of Louisiana. Under the appropriation and esti-
mates 11,250,000 in bonds will be required. To secure this sum to
the Government the company will execute a first mortgage on its
road, road bed, equipment, furniture, and aU its property necessary
for and incident to the maintenance of its road and the transaction
of its business. This road is entirely free from any incumbrance,
and the mortgage and security can be executed in such manner as
may be required or deemed best by the Department or such agent
as they may select for the purpose. I would beg leave to suggest that
the Department appoint a special agent or attorney in Texas or
Louisiana, or both, who may be on the spot and attend to executing
and receiving the security on behalf of the Government. This could
be done at once, and enable the companies to progress at once with
' their work. The disbursement in Louisiana could be made by a
special agent and upon the estimates made by the engineers and
president of the company, and verified by the agent of the Govern-
ment for work done or material furnished in construction. This
would simplify the business and facilitate the construction of the
work. As an agent to obtain the mortgage, &c., in Louisiana, I
would suggest the name of Mr. L. Dupr^, M. C., from the district in
Louisiana where the road is located; in Texas, either Hon. Horace
Cone, of Houston, or F. H. Merriman, esq., of Galveston.

With the hope that you will find it convenient to dispatch my busi-
ness at once,

I am, very respectfully, your obedient servant,

A. M. GENTRY,
President New Orleans and Texas and
Texas and New Orleans Railroad Companies.

*SeeAprill9, p. 1073.

1110 COERESPONDENCE, ETC.

[May 1, 1862.— For Brown to Davis, in relation to the defense of
the State of Georgia from threatened invasion from the north, see
Series I, Vol. X, Part II, p. 480.]

Richmond, May 1, 1862.
Governor J. J. Pettus, of Mississippi,

Jackson, Miss. :
Persons engaged in foundries and necessary railroad employes are
exempt by law. The Secretary of War is clothed with authority to
exempt operatives in woolen and cotton factories. The terms do not
embrace tanneries and gun-shops, but they are so clearly in the spirit
of the law that I authorize you to exempt them from conscription
until tlie pleasure of Congress can be known. You will also exempt
the necessary operatives in cotton and woolen factories until you can
make application and receive the orders of the War Department.
Overseers we must take from the classes not subject to enrollment,
as there is no power to exempt them.

JEFFERSON DAVIS.

[May 1, 1862. — For Pettus to Beauregard, in relation to organizing
mounted companies to keep down disorder among the slaves in Mis-
sissippi, see Series I, Vol. LII, Part II, p. 309. ]

[May 2, 1862. — For Davis to Brown, in relation to measures for the
defense of the State of Georgia, see Series I, Vol. X, Part II, p. 481.]

General Orders, ) War Department,

\ Adjt. and Insp. General's Office,
No. 34. ) Richmond, Va., May 3, 1862.

I. The following act of Congress and accompanying regulations are
published for the inforiuation of all concerned:

AN ACT to organize battalions of 8harp.sliooters.

Section 1. The Congress of the Confederate States of America do enact, That
the Secretary of War may cause to be organized a battalion of sharpshooters for
each brigade, consisting of not less than three nor more than six companies, to be
composed of men selected from the brigade or otherwise, and armed with long-
range muskets or rifles, said companies to be organized, and the commissioned
ofiBcers therefor appointed by the President, by and with the advice, and consent
of the Senate. Such battalions shall constitute parts of the brigades to which
they belong, and shall have such field and staff officers as are authorized by law
for similar battalions, to be appointed by the President, by and with the advice
and consent of the Senate.

Sec. 2. Be it further enacted. That for the purpose of arming the said bat-
talions, the long-range muskets and rifles in the hands of the troops, may be taken
for that purpose : Provided, The Government has not at its command a sufficient
number of approved long-range rifles or muskets wherewith to arm said corps.

Approved April 31, 1862.

II. Generals commanding military departments may cause to be
organized within their commands battalions of sharpshooters, as pro-
vided in this act, in such numbers as they may deem necessary, not

CONFEDERATE AUTHORITIES. 1111

exceeding one snch battalion for each brigade, and will report to the
Department the organization of such corps, recommending for appoint-
ment the commissioned officers allowed by law.

III. In organizing such battalions generals commanding may cause
such details or transfers to be made as will not reduce any company
or corps below the minimum number required by law, taking the men
for each such battalion so far as possible from the particular brigade
of which it is to form a part.

IV. Requisitions will be made iipon the Ordnance Department for
the arms for such battalions, and until the said requisitions can be
filled the generals commanding may cause such exchanges and trans-
fers of long-range muskets and rifles to be made as may be necessary
to arm the said battalions, returning surplus arms when such requi-
sitions are filled to the Ordnance Department.

V. (Supplementary to General Orders, No. 30, section VI.) The
commissions of the staff officers of reorganized regiments and battalions
of twelve-months' volunteers are not affected by such reorganization,
except that of the adjutant, whose commission expires with that of
the commanding officer, if the said officer be not re-elected.

By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Confederate States of America, War Department,

Richmond, Va., May 5, 186%.
Hon. E. S. Dargan,

Mobile, Ala. :
Sir: Your letter of the 23d ultimo, recommending that authority be
granted to G. H. Cleveland to raise a battalion or regiment of Creoles,
has been i-eceived. In reply I have the honor to inform you that the
law does not permit the Department to accept any new corps.
Very respectfully, your obedient servant,

A. T. BLEDSOE,
Assistant Secretary of War.

Executive Department,

MiUedgeviUe, Ga., May 5, 1862.

Hon. G. W. Randolph,

Secretary of War:
Dear Sir: I received your telegram at Atlanta, on my return from
Chattanooga to this place, informing me that you were authorized by
a late act of Congress to accept the State troops, if tendered by com-
panies, squadrons, battalions, and regiments, as provided by act of
March 6, 1861. I replied, advising you that I had, under the corre-
spondence between us, transferred the State troops on the 16th of April
last to the Confederate general in command, who accepted them, of
which I informed you. These facts having all been laid before you
at the time of the transfer, I can see but a single object which you can
have in now offering to accept the regiments, &c., if tendered, and
that is, as I construe your dispatch, that you are Avilling to place these
re"-iments thus transferred upon the same footing of other regiments,

1112 CORRESPONDENCE, ETC.

battalions, &c., in Confederate service. This would be a simple act
of justice, and, if I put the proper construction on your telegram, I
am much gratiiied at the conclusion at which you have arrived. As
I stated in my reply, I am informed that General Lawton has dis-
banded most of the troops and sent them home. It is said, however,
that those who fall within the age of conscripts are to return after a
short furlough. On their return they can, if you so direct, be placed
under the company and field officers who commanded in their respect-
ive regiments while in State service, and the places of those not con-
scripts, who do not return, filled by recruits who either volunteer to
join the regiments or are sent to the regiments by your order. This
would maintain the regimental organization of the troops and to that
extent do justice by plaieing them, as they have a right to be, upon terms
of equality with Confederate regiments. These troops were organized
under the statutes of this State, and some of the companies did not
have the numbers specified by the act of Congress of March, 1861, but
this defect could be easily obviated by ordering in a sufftcient number
of recruits, who are at your command, to fill the companies to the
number now required by law. I deeply regret that the late act of
Congress (a copy of which has been sent me by the President) did
not provide for the reception of the troops by divisions and brigades
as organized by the State. The generals in command of the State
troops at the time of the transfer are officers of very great merit, who
have labored hard to bring their respective commands to a high state
of proficiency. The State cannot, without great inconvenience, afford
to lose the services of such generals as Jackson, Walker, Har-
rison, and Capers at a time of so great public peril. I must therefore
renew and urge my request that General Jackson be appointed by the
President to the command of the division to be reformed out of the
State troops and the recruits necessary to fill up the regiments, which
I am willing to arm with the State's guns, if the rights of the State
are respected in the organization. I have further to request and
urge that each of the brigadier-generals, to wit, Harrison, Capers,
and Walker, be reappointed by the President to the command of their
respective brigades.

If these gentlemen sustain a character for gallantry and ability as
officers equal to others who may be assigned to the command (and I
feel quite sure that no one who knows them will question it), the fact
that they were appointed to the respective positions lately occupied
by them by the highest authority in the State, and that the troops
lately commanded by them may be armed by the State in the event
of their appointments, certainly presents a case where it would be
proper that the wishes of the constituted authorities of the State
should be respected. I express but the opinion of half a million
Georgians when I say that these generals will compare most favorably
with many now in Confederate service, occupying the rank held by
them, respectively, while in State service. I am aware that it has
been objected that the appointment of General Jackson, as a major-
general, to the command of his old division would cause him to rank
General Lawton, who now commands this military district. This is
not the necessary result, as the President has power to assign General
Lawton to his old command, while General Jackson has the command
of his old division. There is precedent for this in the action of the
President when he assigned General Loring to the command in
Northwestern Virginia, where General Jackson was his senior officer
and ranked him, and still General Jackson was assigned to a command

CONFEDERATE AUTHORITIES. 1113

of one wing of the army, acting separately but under the general
direction of General Loring, his junior officer. As the President has
the po^er thus to regulate the relative commands without regard to
rank, this could be no obstacle in the way of the act of justice which
I claim for the gentlemen above mentioned. You will greatly oblige
me by communicating your decision in reference to the maintenance
of the integrity of the State regiments, and the decision of the Presi-
dent in regard to the appointment of the generals, at the earliest day
possible, as the troops will soon return to the field, and it is important
that your pleasure be known at an early day.

With great regard, I am, very respectfully, your obedient servant,

JOSEPH E. BROWN.

Confederate States of America, War Department,

Richmond, May 6, 1862.
Brig. Gen. P. O. Hbbert,

Housimi, Tex.:
(Care A. M. Gentry,. Esq.)
Sir: You will, at the request of Mr. A. M. Gentry, president of the
New Orleans and Texas and Texas and New Orleans Railroads, appoint
a commission for the assessment of property necessary to be taken for
the construction of that road to its terminus, and you are requested to
give him all needful and proper facilities for the collection of material
and for the completion of the work.

G. W. RANDOLPH,

Secretary of War.

Executive Department,

MilledgeviUe, Ga., May 6, 1862.
Hon. G. W. Randolph,

Secretary of War:
Dear Sir: I have seen your telegraph to Colonel Barkuloo that the
Georgia State troops (of which his regiment composed part) will be
accepted by you if tendered by me. I beg to refer you to our former
correspondence and my letter to you of yesterday. If another tender
of that which has already been tendered and accepted is necessary, as
a matter of form to secure their rights to the officers and soldiers of
the late State regiments, I hereby retender all the State regiments,
and ask that they be continued in Confederate service and placed upon
terras of perfect equality with regiments which originally entered the
Confederate service.

Very respectfully, your obedient servant,

■' ^ JOSEPH E. BROWN.

Confederate States of America, War Department,

Richmond, May 6, 1862.

His Excellency John Letcher,

Governor of Virginia:
Sir: By virtue of the conscription act all persons under eighteen
and over thirty-five years of age in the Confederate service are enti-
tled to their discharge unless they have volunteered for the war. I
would suggest, therefore, that it would be well to discharge at once

1114 CORRESPONDENCE, ETC.

all the militiamen over thirty-five who have been assembled to be
transferred to the Virginia regiments. If they remain we shall have
the burden of feeding and generally of nursing them, and shall receive
no benefit from their services, for they will be entitled to their dis-
charge so soon as they are mustered into the C. S. service.
Very respectfully, your obedient servant,

GEO. W. RANDOLPH,

Secretary of War.

Executive Department,

Richmond, Va., May 6, 1862.
Hon. George W. Randolph,

Secretary of War:
Sir: I have had the honor to receive the letter of R. G. H. Kean,
Chief of the Bureau of War, of the 3d instant, inclosing General
Orders, No. 30. In reply I inclose a copy of our enrollment act,
passed February 8, 1862, and state that I have no objection to the use
of our enrolling ofllcers by the Secretary of War for the purposes
specified in the fourth paragraph of the orders.
Respectfully,

JOHN LETCHER.

[Inclosure.]

AN ACT for ascertaining and enrolling the military force of the Commonwealth.

Be it enacted by the General Assembly, That immediately after the
passage of this act the Governor shall procure from the commandants
of the several regiments, battalions, and detachments of the Virginia
Volunteers complete rolls of the several companies now in service, to
be returned forthwith to the adjutant-general of the State, designat-
ing the name, age, and residence of each volunteer, the time of his
enlistment, and when his term of service will expire, and the company
and regiment to which he belongs.

2. It shall be the duty of the Governor to cause all the male citizens
of the Commonwealth between the ages of eighteen and forty-five not
now in the active volunteer service to be enrolled as soon as may be
after the passage of this act, designating all exempts, and the cause
of such exemption, including all refugees from districts in possession
of the enemj', and designating such of them as have been in service,
and the term of such service; and in all the tide-water counties the
enrollment shall also specify all sailors and watermen; and he is
hereby authorized to prescribe such regulations, in addition to or in
lieu of those now established by law, as will enable him promptly and
eflBciently to perform the duty hereby imposed upon him ; and to that
end he may require the services of the commissioners of the revenue
and shei'iffs or sergeants of the several counties, cities, and towns, or
such other oflicers as to him shall seem expedient and necessary. In
making such enrollment it shall be the duty of tlie Governor to ascer-
tain and state the time, if any, for which any of the militia shall have
been in the service of the Confederate States, or of the State of Vir-
ginia, during the existing war.

3. If any person liable to military duty shall fail to have his name
enrolled by the officer appointed for that purpose for ten days after
the notice or proclamation requiring such enrollment shall have been
posted or published at two or more public places in his ward or mag-
isterial district, he shall, unless there bo sufficient excuse for such

CONFEDERATE AUTHORITIES. 1115

failure, be enrolled or drafted among the first levies to be drawn from
such county or corporation.

4. If any officer shall fail to perform any duty required of him by
the Governor under this act he shall be subject to a fine of not less
than $20 nor more than $200.

5. The officers enrolling the militia under this act shall be entitled
to a compensation, to be fixed by the Governor, not exceeding 10
cents for each person enrolled; and the claims for such compensation
shall be paid on the certificate of the Governor.

6. This act shall be in force from its passage.
Passed February 8, 1862.

Confederate States of America, War Department,

Richmond, May 6, 1862.
Messrs. John Fraser & Co.,

Charleston, S. C:
Gentlemen: We are desirous of placing $1,000,000 to the credit of
Capt. Caleb Huse, our agent, to purchase arms in Europe. He is, as
j'ou know, generally in London, and could avail himself of a letter of
credit on your house in Liverpool. Can you furnish us such a letter
to the extent above indicated, or assist us in the matter in any other
way?

Very respectfully, your obedient servant,

GEO. W. RANDOLPH,

Secretary of War.

Special Orders, ) Adjt. and Insp. General's Office,

No. 105. f Richmond, May 7, 1862.

if ie * if * If *

X. Camp Lee, Richmond, is constituted a camp of instruction,
agreebly to regulations published in General Orders, No. 30.

■1^ if if if * if if

By command of the Secretary of War:

JNO. WITHERS,

Assistant Adjutant- General.

C. S. Niter Bureau,

Richmond, May 7, 1802.
Lieut. Col. J. GORGAS,

Chief of Ordnance :
Sir: One of the most important questions which ever comes up for
the consideration of the Niter Bureau is the propriety of taking pos-
session of caves containing nitrous earth, and having these caves
worked either by energetic private parties who have contracts to fur-
nish niter to the Government, or else having them worked on Govern-
ment account, and when the Bureau was organized Major St. John
was completely under the impression that the responsibility of deciding
properly such questions would rest upon himself or some officer respon-
sible tohim, and has given instructions to the officers of the corps in
accordance with this impression. A case, however, occurred on yes-
terday, and I decided that it was proper to take possession of a cave

1116 CORRESPONDENCE, ETC.

in Giles County, and wrote to the officer in command of our troops
near the cave and requested him to do so, and in order to make the
paper official I requested the Secretary of War to approve it. He,
however, refeiTcd the matter to General Heth to "see that the cave
he worked to the best advantage." Now, it appears to me that this
deprives us of the greater part of our efficiency as an organization,
for it is the duty of the agents of the Bureau to be properly informed
from personal inspection of the pros and cons of every case, and
being thus informed and responsible for results it would seem that
they are the most suitable persons to decide the question of impress-
ment, and I would most respectfully request that application be made
to the Secretary of War to issue an order directing the military
authorities to impress eaves upon application of the officer in charge
of the operations of the Niter Bureau in each State. This seems to
me to be very necessary to the proper efficiency of the corps.
Most respectfully, yours,

RICHARD MORTON,

Captain, &c.

[First inrtoraeraent.]

May 9, 1862.
The views of Captain Morton seem to me just, and I request that
instructions be given to military commanders to act upon the requisi-
tions of officers of the Niter Bureau in charge of district.

J. GORGAS,
Lieutenant- Colonel.

[Second indorsement.]

Adjutant-General :
Make the order suggested below.

G. W. R.

Executive Department,
MiUedgeville, May 8, 1862.
His Excellency Jefferson Davis:

Dear Sir: I have the honor to acknowledge the receipt of your
favor of the 28th ultimo in reply to my letter to you upon the subject
of the conscription act. I should not trouble you with a reply were
it not that principles are involved of the most vital character upon
the maintenance of which, in my opinion, depend not only the rights
and the sovereignty of the States, but the very existence of State gov-
ernment. While I am always happy as an individual to render you
any assistance in my power in the discharge of the laborious and
responsible duties assigned you, and while I am satisfied you will
bear testimony that I have never, as the Executive of this State,
failed in a single instance to furnish all the men and more than you
have called for, and to assist you with all the other means at my com-
mand, I cannot consent to commit the State to a policj'^ which is in
my judgment subversive of her sovereignty and at war with all the
principles for the support of which Georgia entered into this revolu-
tion. It may be said that it is no time to discuss constitutional ques-
tions in the midst of revolution, and that State rights and State
sovereignty must yield for a time to the higher law of necessity. If
this is a safe principle of action it cannot certainly apply till the
necessity is shown to exist, and I apprehend it would be a dangerous

CONFEDERATE AUTHORITIES. 1117

policy to adopt were we to admit that those who are to exercise the
power of setting aside the Constitution are to be the judges of the
necessitj' for so doing. But did the necessity exist in this case? The
conscription act cannot aid the Government in increasing its supply
of arms or provisions, but can only enable it to call a larger number
of men into the lield. The difliculty has never been to get men.
The States have already furnished the Government more than it can
arm, and have from their own means armed and equipped very large
numbers for it. Geoi-gia has not only furnished more than you have
asked, and armed and equipped from her own treasury a large pro-
portion of those she has sent to the field, but she stood ready to
furnish promptly her quota, organized as the Constitution provides,
of any additional number called for by the President. I beg leave
again to invite your attention to the constitutional question involved.
You say in your letter that the constitutionality of the act is clearly
not derivable from the power to call out the militia, but from that to
raise armies. Let us examine this for a moment. The eighth section
of the first article of the Constitution defines the powers of Congress.
The twelfth paragraph of that section declares that Congress "shall
have power to raise and support armies." Paragraph 15 gives Con-
gress power to provide for calling forth the militia to execute the
laws of the Confederate States, suppress insurrections, and repel
invasions. Paragraph 16 gives Congress power to provide for organ-
izing, arming, and disciplining the militia, and for governing such
part of them as may be employed in the service of the Confederate
States, reserving to the States, respectively, the appointment of the
oflScers and the authority of training the militia according to the dis-
cipline prescribed by Congress.

These grants of power all relate to the same subject-matter, and
are all contained in the same section of the Constitution, and by a
well-known rule of construction must be taken as a whole and con-
strued together. It would seem quite clear that by the grant of
power to Congress to raise and support armies, without qualification,
the framers of the Constitution intended the regular armies of the
Confederacy, and not armies composed of the whole militia of all
the States. If all the power given in the three paragraphs above
quoted is in fact embraced in the first, in the general words to raise
armies, then the other two paragraphs are mere surplusage, and the
framers of the Constitution were guilty of the folly of incorporating
into the instrument unmeaning phrases. When the States, by the
sixteenth paragraph, expressly and carefully reserved to themselves
the right to appoint the officers of the militia, when (jmployed in
the service of the Confederate States, it was certainly never contem-
plated that Congress had power, should it become necessary to call
the whole militia of the States into the service of the Confederacy, to
direct that the President should appoint — commission — all the offi-
cers of the militia thus called into service, under the general lan-
guage contained in the previous grant of power to raise armies.
If this can be done the very object of the States in reserving the
power of appointing the oificers is defeated, and that portion of
the Constitution is not only a nullity, but the whole military power
of the States and the entire control of the militia, with the appoint-
ment of the officers, are vested in the Confederate Government,
whenever it chooses to call its own action "raising an army," and not
"calling forth the militia." Is it fair to conclude that the States
intended that these reserved powers should be defeated in a matter so

1118

vital to constitiitional liberty by a mere change in the use of terms to
designate the act ? Congress shall have power to raise armies. How
shall it be done ? The answer is clear. In conformity to the provis-
ions of the Constitution, which expressly provides that when the militia
of the States are called forth to repel invasion, and employed in the
service of the Confederate States, which is now the case, the States
shall appoint the officers. If this is done the army is raised as directed
by the Constitution, and the reserved rights of the States are respected;
but if the officers of the militia, when called forth, are appointed by
the President, the army composed of the militia is not raised as directed
by the Constitution, and the reserved rights of the States are disre-
garded. The fathers of the Republic, in 1787, showed the utmost
solicitude on this very point. In the discussion in the convention on
the adoption of this paragraph in the Constitution of the United
States, which we have copied and adopted without alteration, Mr.
Ellsworth said, "The whole authority over the militia ought by no
means to be taken away from the States, whose consequence would
pine away to nothing after such a sacrifice of power." In explana-
tion of the power which the committee who reported this paragraph
to the convention intended by it to delegate to the General Govern-
ment, when the militia should be employed in the service of that Gov-
ernment, Mr. King, a member of the committee, said, ' ' By organizing,
the committee meant proportioning the officers and men ; by arming,
the kind, size, and caliber of arms; by disciplining, prescribing the
manual, exercise, evolutions," <fcc.

Mr. Gerry objected to the delegation of the power, even with this
explanation, and said, ' ' This power in the United States, as explained,
is making the States drill sergeants. He had as lief let the citizens of
Massachusetts be disarmed as to take the command from the States
and subject them to the General Legislature." Mr. Madison observed
that ' 'Arming, as explained, did not extend to furnishing arms, nor the
term ' disciplining ' to penalties and courts-martial for enforcing them. "
After the adoption by the convention of the first part of the clause
Mr. Madison moved to amend the next part of it so as to read,
"Reserving to the States, respectively, the appointment of the officers
under the rank of general officers." Mr. Sherman considered this as
absolutely inadmissible. He said that "If the people should be so
far asleep as to allow the most influential officers of the militia to be
appointed by the General Government, every man of discernment
would rouse them by sounding the alarm to them." Upon Mr. Madi-
son's proposition, Mr. Gerry said, "Let us at once destroy the State
governments, have an Executive for life, or hereditary, and a proper
Senate, and then there would be some consistency in giving full pow-
ers to the General Government, but as the States are not to be abol-
islied he wondered at the attempts that were made to give poAvers
inconsistent with their existence. He warned the convention against
pushing the experiment too far." Mr. Madison's amendment to add
to the clause the words "under rank of general officers" was voted
down by a majority of eight States against three, according to the
Madison Papers, from which the above extracts are taken, and by
nine States against two, according to the printed journals of the con-
vention. The reservation in the form in which it now stands in the
Constitution, "reserving to the States the appointment of the officers,"
when the militia are employed in the service of the Confederacy, as
well the general officers as those under that grade, was adopted unan-
imously by the convention.

CONFEDERATE AUTHORITIES. 1119

At the expense of wearying your patience I have been thus careful
in tracing the history of this clause of the Constitution to show that it
was the clear understanding of those who originated this part of the
fundamental law that the States should retain their power over their
militia, even while in tlie service of the Confederacy, by retaining the
appointment of all the officers. In practice the Government of the
United States, among other numerous encroachments of power, had
usurj)ed to itself the power which the convention, after mature delib-
eration, had expressly denied to it, to wit, the power of appointing
the General officers of the militia when employed in the service of the
general Government. But even that Government had never attempted
to go to the extent of usurping the power to appoint the field and
company officers. If the framers of the Constitution were startled at
the idea of giving tlie appointment of the general officers to the Gen-
eral Government, and promptly rejected it, how would they have met
a proposition to give the appointment of all the officers down to the
lowest lieutenant to it? But you say, "With regard to the mode of
officering the troops now called into the service of the Confederacy,
the intention of Congress is to be learned from its acts; and from the
terms employed it would seem that the policy of election by the troops
themselves is adopted by Congress." I confess I had not so under-
stood it, without very essential qualifications. It is true the twelve-
months' men who re-enlist have a right within forty days to reorganize
and elect their officers. But if I understand the act, judging from
the terms used, all vacancies which occur in the old regiments are to
be filled not by election, but by the President by promotion down to
the lowest commissioned officer, whose vacancy alone is fiUed by
election; and even this rule of promotion maybe set aside by the
President at any time, under circumstances mentioned in the act, and
he may appoint any one he pleases to fill the vacancy, if in his opinion
the person selected is distinguished for skill or valor; and the com-
mission in either and all the cases mentioned must be issued by the
President.

Quite a number of Georgia regiments are in for the war whose
officers hold commissions from the Executive of the State; but even
in these regiments, under the act, every person appointed to fill anj^
vacancy which may hereafter occur, it would seem, must hold his
commission not from the State but from the President. But admit
that Congress by its acts intended to give the troops in every case the
right to elect officers, which has not been the established practice, as
you have commissioned many persons to command as field officers
without election, this does not relieve the acts of Congress from the
charge of violation of the Constitution. The question is not as to
the mode of selecting the person who is to have the commission, but
as to the Government which has, under the Constitution, the right to
issue the commission. The States, in the exercise of their reserved
power to appoint the officers, may select them by election or may per-
mit the Executive to select them; but the appointment rests upon the
commission, as there is no complete appointment till the commission
is issued ; and therefore the Government that issues the commission
exercises the appointing power and controls the appointment. I am
not, however, discussing the intention of Congress in the assumption
of this power, but only the question of its power; and whatever may
have been its intention, I maintain that it has transcended its consti-
tutional powers and has placed in the hands of the Executive of the
Confederacy that which the States have expressly and carefully

1120 CORRESPONDENCE, ETC.

denied to Congress and reserved to themselves. But you may ask
why hold the Executive responsible for the unconstitutional action of
Congress ? I would not, of course, insist on this any further than
the action of Congress has been sanctioned by the Executive and
acted upon by him. Feeling satisfied that the conscription act and
such other acts of (Jongress as authorize the President to appoint or
commission the officers of the militia of the State, when employed in
the service of the Confederate States, "to repel invasion," are in
palpable violation of the Constitution, I can consent to do no act
which commits Georgia to willing acquiescence in their binding
force iipon her people. I cannot, therefore, consent to have any-
thing to do with the enrollment of the conscripts in this State; nor
can I permit any commissioned officer of the militia to be enrolled
who is necessary to enable the State to exercise her reserved right of
training her militia, according to the discipline prescribed by Congress,
at a time when to prevent troubles with her slaves a strict military
police is absolutely necessary to the safety of her people. Nor can I
permit any other officer, civil or military, who is necessary to the
maintenance of the State government to be carried out of the State
as a conscript. Should you at any time need additional troops from
Georgia to fill up her just quota, in proportion to the number fur-
nished by the other States, you have only to call on the Executive
for the number required to be organized and officered as the Consti-
tution directs, and your call will, as it ever has done, meet a prompt
response from her noble and patriotic people, who, while they will
watch with a jealous eye, even in the midst of revolution, every
attempt to undermine their constitutional rights, will never be content
to be behind the foremost in the discharge of their whole duty.
I am, with great respect, your obedient servant,

JOSEPH E. BROWN.

[May 8-10, 1862. — For Moore to Davis, in relation to organizing an
army west of the Mississippi, &c., see Series I, Vol. LIII, p. 806.]

Special Orders, ) Adjt. and Insp. General's Office,

No. 107. j Richmond, May 9, 1862.

****** df

XVII. All officers and soldiers who are absent from their regiments,
battalions, or companies without authority are hereby ordered to join
them forthwith. The commanding general of the Department of
Henrico is required to arrest such persons found in and about Rich-
mond and send them back to their respective commands. Should this
arrest be disregarded the names of the officers and men in default
will be published in the papers as deserters.

*******

XX. With a view to carry into effect with the least practicable delay
the requirements of General Orders, No. 8, current series, all native-
born or adopted citizens of Maryland now serving in volunteer regi-
ments will, at their option, be ordered by the commanding officers of
their brigades or regiments to proceed and join the First Regiment
Maryland Volunteers, now serving in the command of Maj. Gen. T. J.
Jackson. Brig. Gen. George H. Steuart will report in person to Maj.

CONFEDERATE AUTHORITIES. 1121

Gen. T. J. Jackson for the purpose of organizing the Maryland Line
and for such other duty as may be assigned to him.

*******

By command of the Secretary of War:

JNO. WITHERS,
Assistant Adjutant- General.

CONFEDEKATE STATES OF AMERICA, WAR DEPARTMENT,

Richmond, May IS, 1862.
Hon. James Chesnut,

Columbia, S. C:
Skb: The act of Congress has left the Department no discretion in
regard to exemption. I regret exceedingly the injurious effect of the
conscription law upon the military colleges of the country, but I am
without power to remedy it. Similar applications have been received
from Virginia, Georgia, and Alabama, but the answer has been
returned to all that Congress alone can grant relief. Neither could
the Department exempt overseers without assuming legislative power.
The list of exempts is manifestly very incomplete, and will doubtless
receive the attention of Congress at its next session.

GEO. W. RANDOLPH,

Secretary of War.

Hdqbs. Army of Miss., Adjt. and Insp. Gen.'s Office,

Jackson, May I4, 1862.
Col. V. D. Groner,

Assistant Adjutant- General, Richmond-, Fa.;

I returned to-day by telegraph to Adjutant-General Cooper a report
of Mississippi regiments now organized, and herewith hand you state-
ment in full of all troops raised by the State. There are several more
regiments than the State was called upon to furnish, but they are
raised under special authority from War Department. The cavalry
regiment No. 28 is not in the 7,000 requisition. The seven regiments
are not numbered regularly from twenty-eight to thirty-five, because
other regiments were organized first and are numbered as their organ-
ization was reported to this department. Shall I return to you a
muster-roll of each company, or is it unnecessary?

I am, most respectfully, your obedient servant,

JONES S. HAMILTON,
Adjutant and Inspector General, State of Mississippi.

[Inclosure.]

Hdqrs. Army of Miss., Adjt. and Insp. Gen.'s Office,

Jackson, May U, 1862.

Number of Mississippi regiments and colonels under 7 ,000 requisition.

Col. E. C. Walthall, No. 29, now at Corinth; Col. G. F. Neill, No.
30, now at Corinth; Col. D. W. Hurst, No. 33, now at Grenada; Col.
Samuel Benton, No. 34, now at Corinth; Col. W. S. Barry, No. 35,
now at West Point; Col. Robert McLain, No. 37, now at Columbus;
Col. W. B. Shelby, No. 39, now at Jackson; Col. P. B. Starke, No. 28
(cavalry), now at Jackson; Col. J. A. Orr, No. 31 (infantry), now at
71 R B — SERIES IV, VOL I

1122 'correspondence, etc.

Saltillo; Col. M. P. Lowrey, No. 32 (infantry), now at Corinth; Col.
F. W. Adams, No. 38 (infantry), now at Jackson. Col. D. J. Brown,
No. 36, was a twelve-months' regiment, raised for sea-coast service,
but has been transferred to General Beauregard and is now at
Corinth. It will be reorganized. There is also Balfour's battalion
of infantry at Meridian and Gordon's battalion of cavalry at Colum-
bus. These battalions will be filled to regiments.

JONES S. HAMILTON,
Adjutant and Inspector General.

Confederate States of America, Dept. of State,

Richmond, Va., May 16, 1862.
C. G. Baylor, Esq. :

Sir : In answer to your communication of this morning I have the
honor to state that this Government has no desire to destroy any cot-
ton belonging to neutrals, but, on the contrary, is willing to extend
to it full protection while in its power, provided the like protection
can be made effective when the cotton may fall into the possession of
the enemy. The past conduct of the Government of the United
States, and the passive attitude of neutral nations whose rights have
been violated by the United States, have satisfied us that if cotton
belonging to neutrals be allowed to fall into the hands of the enemy
it will be seized and appropriated by them regardless of neutral
rights, and that neutral powers will fail to afford any protection to
the rights of their subjects when thus violated. If, however, as you
suggest, any official assurance shall be formallj'^ communicated by the
Government of any neutral nation to this nation of a nature to sat-
isfy us that cotton belonging to the subjects of such neutral nations
shall be effectually protected against seizure and appropriation by
the enemy if allowed to fall into his possession, this Government will
have no hesitation in issuing instructions to refrain from the destruc-
tion of such cotton even when exposed to seizure by the enemy.
I am, your obedient servant,

J. P. BENJAMIN,

Secretary of State.

General Orders, ) War Department,

> Adjt. and Insp. General's Office,
No. 36. ) Richmond, May 17, 1862.

I. All applications for discharge made by persons over thirty-five
years of age, who may have been drafted since the 10th of March,
1862, under the Virginia laws, and assigned to military organizations
serving under authority of the Confederate States, will be granted by
brigade commanders, regimental and company commanders causing
to be made out and signing the "Soldier's discharge " and "Final
statements," required in all cases of discharge; said papers to indicate
cause for the discharge.

II. In all cases where promotion is due from seniority, and the com-
petency of the parties entitled by position to promotion is questionable,
a board of examiners shall be convened by brigade commanders to
determine the candidates' capabilities of instructing and controlling
the commands commensurate with the grade to which promotion is

CONFEDERATE AUTHORITIES. 1123

expected, as also their efficiency and perfect sobriety. All newly
elected officers will be examined before similar boards of examiners,
to determine their competency and the confirmation of their election.
By command of the Secretary of War:

S. COOPER,
Adjidant and Inspector Oeneral.

Confederate States of America, War Department,

Richmond, May 19, 1862.
Hon. Thomas H. Watts,

Attorney- General, Confederate States:
Sir: I desire your opinion upon the following questions arising
under the conscription act: The first section requires the discharge of
all persons under eighteen and over thirty-five years of age in the
regiments, battalions, &c., to be reorganized under the provisions of
the act. These regiments and battalions are the twelve-months' vol-
unteers (section 1) and regiments and battalions composed of twelve-
months' companies and war troops combined (section 2). Most of the
Virginia troops who re-enlisted for the war and received the bounty
are in one or the other of the two classes above mentioned, and many
of them come within the letter of the provisions granting the discharge
of all persons under eighteen and over thirty-five years of age, while
most of the same class at the South are in war regiments and are not
entitled to their discharge. As such a discrimination as this could
not have been intended by Congress, it is questionable whether the
letter of the act in this particular should be observed, and I must
request your opinion as to the right of a volunteer for the war over
thirtj'-five years of age to his discharge, if he is in a corps to be reor-
ganized under the act.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH.

General Orders, ) War Department,

y Adjt. and Insp. General's Office,
* No. 37. ) Richmond, Va., May 19, 1862.

I. The following act and regulation in reference thereto are pub-
lished for the information of all concerned.*

II. By the above act of Congress the following classes of persons
are exempt from enrollment for military service: Justices of the
peace, sheriffs and deputy sheriffs, clerks and depiity clerks allowed
by law, masters and commissioners in chancery, district and State
attorneys, attorneys-general, postmasters and deputy postmasters and
clerks allowed by law, commissioners of revenue, and foreigners who
have not acqiiired domicile in the Confederate States.

III. The following are not exempt: Militia officers not in actual
service, persons exempt by State laws but not by the above act, for-
eigners who have acquired domicile in the Confederate States.

IV. No person other than those expressly named or properly implied
in tlie above act can be exempted, except by furnishing a sulistitute

'See an act to exempt certain persons from enrollment for service in the
armies of the Confederate States, approved April 31, 1863, p. 1081.

1124 CORRESPONDENCE, ETC.

exempt from military service, in conformity with regulations already
published (General Orders, No. 29), and such exemption is valid only
so long as the said substitute is legally exempt.

V. Persons who have furnished substitutes will receive their cer-
tificates of exemption from the captains of companies or the com-
mandants of camps by whom the substitutes have been accepted.
Other certificates of exemption will be granted by the enrolling officers
only, who will receive full instructions in regard to the conditions and
mode of exemption. Applications for exemption cannot, therefore,
be considered by the War Department.

By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Special Orders, ) Adjt. and Insp. General's Office,

No. 114. j Richmond, May 19, 1862.

*******

XXXIII. Military of&cers will impress niter caves on requisition of
ofi&cers of the Niter Corps.

By command of the Secretary of War:

JNO. WITHERS,
Assistant Adjutant- General.

[May 20, 1862.]
Instructions to ordnance officers in the field.

First. The chief of ordnance of an army corps and ordnance
officers of separate commands will correspond with the chief of the
Bureau of Ordnance relative to supplies of ordnance and ordnance
stores with the commands to which they are attached. Requisitions
made whether for money or stores will be approved by the general
commanding.

Second. The division ordnance officers will correspond with the
chief of ordnance of the army corps to which the divisions are
attached and obtain supplies through him. They will be responsible
for the property under their charge, and may have an ordnance
oflfteer or military store-keeper to assist in the care and responsibility
of the property.

Third. Division ordnance officers will obtain one or more wagons
for each regiment in their division as ordnance wagons. These
wagons will be separate from the train of wagons for reserve
ammunition, and will be marked with the name of the regiment
to which they are assigned, and will be placed in charge of the
ordnance-sergeant of the regiment. The wagons will be covered
if possible with painted cloth covers for security against the weather,
and each wagon will be supplied with a spare tarpaulin. These
wagons will habitually follow their respective regiments.

Fourth. On the eve of battle the division ordnance officer will,
under direction of the chief of ordnance of the army, station the
ordnance wagons at the point selected for the division field depot
of ammunition under charge of his assistant; each train of brigade

CONFEDERATE AUTHORITIES. 1125

ammunition wagons under charge of the senior ordnance-sergeant of
the brigade. He will keep himself acquainted with the movements
of brigades and cause the wagons of any brigade which may be
detached to foUow the movements of the brigade.

Fifth. The ordnance-sergeants, together with the details habitually
assigned to them for their regiments, will constitute a corps devoted
as well to the preservation of the captured and other ordnance stores
as to the supplies of ammunition of the various regiments. One man
of each detail should follow the movements of the regiment to ascer-
tain its wants and to communicate with the field depot. The habitual
details from each regiment should be augmented before a battle to not
less than six men from each regiment. The ammunition wagons, their
loads temporarily removed, will, as circumstances favor, be employed
to carry to the rear such arms and other captured stores as are left
upon the battle-field.

Sixth. Especial care must be taken in selecting competent, prompt,
and efficient men for the duties of ordnance-sergeants. They may be
removed for cause and new appointments ordered, on the application
of the division ordnance officers through the chief of ordnance of the
army corps, by the commanding general.

Seventh. The ammunition wagons to each regiment will not super-
sede the necessity for division supply trains.

Duties of ordnance-sergeants.

First. To obey the directions of the division ordnance officer or of
the brigade ordnance officer (if the brigade is a separate command) in
all relative to care and preservation of arms and duties connected
therewith.

Second. To take charge of all supplies, arms, and ammunition of
the regiment and make returns of the same according to "Ordnance
regulations."

Issues to be made on written requisitions approved by the colonel
or commanding officer of the regiment; which requisitions are to be
filed with his "Return of property."

Third. To take charge of the ordnance wagon or wagons attached
to each regiment, and to see that it always contains at least fifteen
rounds per man of the regiment — surplus arms or accouterments to be
turned over to the brigade or division ordnance officer.

Fourth. To supervise the condition of the arms of the regiment and
get a detail of at least two mechanics to assist him in the necessary
repairs to the arms, an account of these repairs to be kept as far as
possible against each man of the regiment; repairs to be made on the
order of the colonel of the regiment.

Fifth. To take charge of the arms and accouterments of the sick of
the regiments in hospitals, which will be kept until the sick are sent
to the general hospital, when their arms will be turned over to the
brigade or division depots.

Si-xth. In battle it will be the duty of the ordnance-sergeants to
remain with the ammunition wagons and act with the details assigned
to them from the regiments, under the orders of the ordnance officer,
in supplying the troops with ammunition, collecting arms of the killed
and wounded, and securing captured arms and ammunition.

Approved :

G. W. RANDOLPH,

Secretary of War.

1126 correspondence, etc.

Confederate States of America, War Department,

Richmond, Va., May 20, 1862.

His Excellency Governoi- J. E. BROWN,

Milledgeville, Ga.:
Dear Sir: At the time you turned over the. Georgia State troops
to General Lawton Congress had not passed the act authorizing their
reception. Upon the passage of that act I informed you by telegraph
that I was authorized to accept them, and have just received your letter
of the 5th instant tendering them to the Confederate States Govern-
ment. They will be in all respects on the same footing as regiments
raised under the authority of the War Department. If the muster-
rolls have not been delivered to General Lawton I must request that
you will cause them to be forwarded to the Adjutant-General. I
shall lay your letter before the President. I have appointed Colonel
Dunwody to take charge of the enrollment of conscripts, and have
furnished him with full Instructions and a copy of the act of exemp-
tion. No State officer is liable to enrollment, and should any such
officer be enrolled it wiU only be necessary to bring it to the notice of
the Department. Your letter in reference to the seizure of your arms
here I trust has been satisfactorily answered by General Lee, to whom
it was referred. It is almost impossible to avoid such things when a
cargo is hastily landed and moved off without time to examine marks
or invoices. I presume that your arms are usually marked " J. E. B."
This was not known to be your mark until recently, and will be
respected hereafter.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH,

Secretary of War.

[May 21, 1862.— For T. O. Moore to Davis, in reference to the
enrollment of conscripts in Louisiana, &c., see Series I, Vol. XV, p.

740.]

General Orders, ) War Department,

>• Adjt. and Insp. General's Office,
No. 38. ) Richmond, May 22, 1862.

I. The following act of Congress is published for the information
of all concerned:

AN ACT to punish drunkenness in the Army.

Section 1. The Congress of the Confederate States of America do enact, That
any commissioned officer of the Regular or Provisional Army who shall be found
drank, either while on or off duty, shall, on conviction thereof before a court of
inquiry, be cashiered or suspended from the service of the Confederate States, or
be publicly reprimanded, according to the aggravation of the offense, and in
addition to a sentence cashiering any such ofScer, he may also be declared inca-
pable of holding any military office imder the Confederate States during the war.

Sec. 3. That it shall be the duty of all officers to report to the commanding
officer of the post, regiment or corps to which they belong, all cases coming under
their observation of intoxication of commissioned officers, whether of superior
or inferior grades to themselves ; and it shall be the duty of the commanding
officer of the division or brigade to which said post, regiment or corps belongs,
to whom such report may be made, to report the same to the officer commanding
the brigade.or division, who shall organize said court and order the trial of said
offender at the earliest tiaie consistent with the public service.

CONFEDERATE AUTHORITIES. 1127

Sec. 3. The findings of any such court shall be promptly transmitted to the
Secretary of War by the commanding oflflcer, together with his approval or dis-
approval thereof, and shall be reported to Congress at the next session thereafter,
by the said Secretary.

Approved April 21, 1862.

II. Commanding generals will issue the necessary orders to carry
into execution the above act.

III. Each battalion of sharpshooters organized under the act of
April 21, 1862 (see General Orders, No. 34), will be composed of sol-
diers from the same State ; those from different States will not be
organized in the same battalion of sharpshooters.

IV. Citizens of Maryland whose term of service in the C. S. Army
has expired are entitled to a discharge, and upon proper evidence being
furnished their regimental commanders will order their discharge.

V. By General Orders, No. 37, foreigners who have not acquired
domicile are exempt from service in the C. S. Army; and all such
foi'eigners as may have enlisted in said service should be discharged
by order of their brigade commanders when their term of enlistment
is at an end. The question of domicile or permanent residence is,
however, a question of law, and should be determined from the facts
of the ease and not by the opinion or oath of the party.

* * « « i|: i|i «

By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Richmond, May 23, 1862.
Hon. G. W. Randolph,

Secretary of War, Richmond:
Sir : I respectfully beg leave to submit to you that the supplies of
this department are totally inadequate to fill the requisitions made
upon it. It has been formally reported to me to-day that requisitions
representing the complete outfit of 40,000 [men] are necessarily
unfilled, of course greatly to the dissatisfaction of the troops. The
deficiency in quartermaster's stores has been occasioned in a great
measure by the interference of the conscription act with the arrange-
ments of the manufacturers with whom contracts have been made.
Under its operations they have been deprived of the services of their
employes to such an extent that they have been rendered incapable
of complying with the contracts made with this department for a
continued supply of various articles absolutely essential for issue to
the Army. This interference with the sources from which supplies
have been received has made it impossible to replace the stores which
have been issued from the depots. In this condition of things I deem
it my duty to place on record this statement of facts, and to urge very
respectfully that the requisite number of men may be discharged or
detailed to enable the various contractors with the department to
fulfill their obligations and thus furnish those supplies which are
absolutely necessary for issue to the Army. Unless this be done the
inability to fill requisitions for the different species of quartermaster's
stores must be indefinitely continued, and the resources of the coun-
try cannot be made available for the imperative requirements of the

service.

A. C. MYERS,

Quartermaster- General.

1128 corkespondence, etc.

General Orders, ) Adjt. and Insp. General's Office,

No. 39. [ Richmond, May 26, 1862.

I. The second paragraph of General Orders, No. 36, is hereby
revoked, and the following substituted therefor: When an ofi&cer
elected or promoted in the Provisional Army, by reason of seniority,
is by law to be commissioned by the President, and there is reason-
able ground to doubt his qualification or fitness for the commission,
his brigade commander, if there be one, or if not, then his division
commander wUl assemble a board of not less than three commissioned
officers of equal or superior rank to the officer elected or promoted,
who shall inquire into his qualifications and fitness for the commission
and shall report to this office, for the information of the War Depart-
ment, the facts of the case, and their own opinion of the qualification
and fitness of the officer. This order will apply to all persons not yet
commissioned or recognized as in commission by the Department.

V. Frequent complaints having been made of injury to fencing and
to the grounds on or near which troops have encamped, attention is
called to the 983d paragraph of the Army Regulations, which requires
the commanding officer and quartermaster to make an inspection of
buildings occupied as barracks, quarters, or lands occupied for
encampments, when they are vacated, and a report to be made to the
Quai-termaster-General of their condition, and of any injury to them
by the use of the troops.

This regulation will be strictly enforced ; and in case of injury not
reported by the commanding officer and quartermaster, they will be
charged on their pay account of the troops with the damage done. If
report be made, it must specify by whom the injury was inflicted, and
the deduction in such case will be made from the pay of the offending
party.

VI. Hei-eafter brigadier-generals will have timely requisitions made
for all blanks issued from this office, in order that they may be for-
warded for early distribution.

By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Executive Department,
Milledgeville, Ga., May 26, 1862.
Hon. George W. Randolph,

Secretary of War, Richmond, Va.:
Sir : I have the honor to acknowledge the receipt of your letter of
the 20th instant, in which you say in reference to the conscription act
that you "have appointed Colonel Dunwody to take charge of the
enrollment of conscripts, and have furnished him with full instruc-
tions and a copy of the act of conscription. No State officer is liable
to enrollment, and should any such officer be enrolled it will be only
necessary to bring it to the notice of the Department." Be assured,
sir, that I feel much gratified at this statement, as the adoption of
such a policy as to the enrollment of conscripts in Georgia will insure
perfect harmony in that regard between the Confederate and State
governments. I am frank to avow to you that I view the conscription
act not only as unnecessary as to Georgia, but as unconstitutional as

CONFEDERATE AUTHORITIES. 1129

to all the states; nevertheless, considering the exigencies of the times,
while I felt constrained by my obligations under the Constitution not
officially to aid in its execution, I determined to throw no obstacles in
the way of its being carried out in Georgia further than might become
absolutely necessary to preserve intact the State government in all
its departments, civil and military. Hence I addressed a letter to the
President and to yourself claiming exemption from the operation of
the act of all State officers in Georgia, civil and military. Without
the officers of the militia it is impossible to maintain the internal
State police regulations absolutely necessary to the safety of the
people. Hence it would have been impossible for me to have con-
sented to the enrollment of the State officers of the militia, and if
insisted upon conflict must have been the inevitable result. Your
assurance that no State officer will be enrolled leaves no further
reason to apprehend any such misfortune.
I am, very truly, &c.,

JOSEPH E. BROWN.

MiLLEDGEVlLLE, May 86, 1862.
Adjutant and Inspectok General:

Sir : I have the honor to report that in accordance with instructions
received at Richmond May 16, 1862, from the Secretary of War, I
called upon the Governor of Georgia for permission to employ State
officers to enroll recruits under General Orders, No. 30. I found the
Governor pleasant and conciliatory, although firm and determined in
his preconceived views of action with reference to conscript act. He
assures me he will not interfere with its execution in the State when
not conflicting with his views. He absolutely refuses to give any
State aid in the enrollment. Further than the act of exemptions
designates, he desires to screen no one from enrollment, excepting a
company of some 125 men organized as a guard of bridges, &c. , on
State road, the Confederate Government not having detailed troops
for that duty in this State. He further, in accordance with General
Orders, No. 8, a printed copy of which I inclose,* pointedly orders
militia officers not to enroll themselves as conscripts, but to continue
in service as officers of the militia of the State by Article VI. He
discards all officers of militia whose place has been vacated for any
cause whatever, and shall fill said vacancies only by elections. The
Governor places great stress on the necessity of his militia organiza-
tion; that he must and shall maintain it by protecting all such offi-
cers as may be liable to conscription. Am I to be allowed to use any
discretion, or shall I order enrolling officers to bring the issue directly
up ? Please give me written instructions on this point. The Gov-
ernor distinctly stated that should I proceed to have enrolled said
militia officers he would have me arrested, at the same time dis-
claiming any personal feeling, but acting as he considered in accord-
ance with his sense of duty as Governor of the State of Georgia in
defending her constttutional rights and interests.

I shall proceed immediately to Savannah and move General Lawton
as fast as circumstances will admit to furnish me with officers for
enrolling in the respective counties. I have not yet fully determined
the location of camp No. 1 ; shall be guided by my instructions and
Article II, section 3, referring to that subject. Communications

*Not found as an inclosure.

1130 CORRESPONDENCE, ETC.

have reached me from Richmond, purporting as having been recog-
nized by Secretary, soliciting position and pressing the selection of
camp No. 2. I shall, in accordance with my understanding of
instructions, await the obvious necessity of such a camp before I
shall recommend its establishment. I have an eye toward quarter-
master's and commissary arrangements to be in operation so soon as
necessity requires. I have also communicated with medical director
as to hospital arrangements for camj). There are other points to
which I would call your attention and request j'^our opinions. The
multiplicity of permissions granted to individuals to organize regi-
ments, battalions, and companies has in effect destroyed the main
feature of the conscript act — the enrollment of men to fill up regi-
ments now in the field, increasing them up to the maximum number
allowed in said act, most of the conscripts having joined these new
organizations, most of which are full or up to the maximum number.
Can this evil be remedied by disbanding weak regiments in field,
retaining the enlisted men to fill up others, or can you get rid of some
of the officers of these new organizations? I find many regiments,
battalions, and companies — some at Camp McDonald, Camp Stephens,
and other points mostly full — some organized, some partially so.
According to my instructions I shall shortly issue orders calling
upon the commanding officers of all such regiments, battalions, and
companies not otherwise ordered by the Department to repair to my
camp of instruction, reporting their true condition. The same I
shall immediately report to the Department. Should I find among
them irregularities in organization not in full compliance with their
authority limited by Article IV, sections 10 and 11, how am I to
regard said organizations, and what is to be done with their officers?
The instructions are clear as to such as are not fully enrolled up to
date — 17th of May. Article X, on substitutes, clearly sets forth that
a conscript desiring to furnish " a substitute shall report himself
with said substitute at camp of instruction," &c. , there to be enrolled.
Many of these new companies gotten up since the passage of the
conscript act have enrolled many substitutes, in some as high as
twenty or more, the captains giving certificates to the subject of con-
scription, who are now in their respective counties at home. How
shall I instruct the enrolling officer? Are these men subject, or must
said captains' receipts, pointing out where the substitute is to be
found, be received by enrolling officer, and he be authorized to pass
by the conscript? The colonels elect of the new regiments now
organized and not under orders from the Department will rank me.
How shall that matter be reconciled ? My address for the present
will be Marietta, Cobb County, Ga.

I am, sir, very respectfully, your obedient servant,

JOHN DUNWODY,
Major and Assistant Adjutant- General.

Treasury Department,
Richmond, May 27, 1862.
His Excellency Jeff. Davis,

President of Confederate States of America:
Sir: I respectfully report that a telegraphic dispatch has just been
received by this Department from F. H. Hatch, at Mobile, stating that
by order of General Beauregard of the 25th, General Forney, com-
mander of the department, has seized $100,000 in gold coin of the

CONFEDERATE AUTHORITIES. 1131

moneys of the banks seized at Columbus for the use of the ordnance
department at Columbus. This money was not in the Treasury, but
was seized by the military commander at the request of this Depart-
ment to prevent its falling into the hands of the enemy. Mr. Hatch
is the agent of the military commander, General Lovell, and had the
money in possession. It is obvious, therefore, that the Government
is responsible for the money, and that it must be accounted for to the
legal owners. Mr. Hatch was on his way to deposit it with the Assist-
ant Treasurer at Montgomery. If, under these circumstances, the
general of an army can intercept the money and use it for any purpose
he may think fit, great confusion will ensue. The War Department
is the judge of the necessities of its various bureaus, and makes its
requisitions on the Treasury. These requisitions are all paid in
Treasury notes. If one be paid in coin and others in Treasury notes
the iitmost injustice is perpetrated. Moreover, the coin is of the
highest value for other purposes, and if used by the Government it
should be employed for purposes other than those which can be
answered by Treasurj' notes. I feel it my duty, therefore, to report
this seizure as a matter calling for your examination and interposition.
Very respectfully, your obedient servant,

C. G. MEMMINGER,

Secretary of the Treasury.

[ludoraement.]

May 27, 1862.
Secretary of War:

Direct General Forney to release the money immediately, and inform
General Beauregard of his untimely intervention.

J. D.

Adjutant and Inspector General's Office,

Montgomery, Ala., May 28, 1862.
Capt. J. W. Bondurant,

Commanding Jeff Davis Artillery, Richmond :
Sir: The Governor is in receipt of yours of the 24th instant, and in
reply directs me to state that he has received no instructions under
the conscript act. He cannot proceed until he does. There have
been recently nineteen new regiments organized in the State, besides
a legion Avith twenty-three companies. Some of them have been
ordered away and several of them are required at Mobile, but there
are no less than five regiments in camp, and the legion doing nothing.
Alabama has upward of 60,000 troops in the service, and the number
of conscripts will be small, most of them having volunteered.
Very respectfully,

GEO. GOLDTHWAITE,
Adjutant and Inspector General.

General Orders, ) War Department,

V Adjt. and Insp. General's Office,
;ijo. 40. ) Richmond, May 29, 1862.

I. The following act of Congress and regulations in reference tliereto
are published for the information of the Army, viz:

AN ACT to organize a signal corps.

Section 1 The Congress of the Confederate States of America do enact, That
the President be and is hereby authorized by and with the advice and consent of

1132 CORRESPONDENCE, ETC.

the Senate, to appoint ten officers in the Provisional Army, of a grade not exceeding
that of captain, and with the pay of corresponding grades of infantry, who shall
perform the duties of signal officers of the Army. And the President is hereby
authorized to appoint ten sergeants of infantry, in the Provisional Army, and to
assign them to duty as signal sergeants. The signal corps above anthorized may
be organized as a separate corps, or may be attached to the Department of the
Adjutant and Inspector General, or to the Engineer Corps, as the Secretary of
War shall direct.
Approved April 19, 1862.

II. The Signal Corps authorized by this act will be attached to the
Adjutant and Inspector General's Department, and officers of that
department may be instructed in and assigned to signal duty.

III. A signal officer will be attached to the staff of each general or
major-general in command of a corps, and of a major-general in com-
mand of a division. These signal officers will each be assisted by as
many signal sergeants, and instructed non-commissioned officers and
privates, selected from the ranks for their intelligence and reliability,
as circumstances may require ; and as many lance sergeants as are
required may be appointed. Such non-commissioned officers and
privates may be detailed for this duty by the generals in whose com-
mand they are serving. Before being instructed they will each be
required by the signal officer to take an oath not to divulge, directly
or indirectly, the system of signals, the alphabet, or any official message
sent or received thereby. Non-commissioned officers, while on signal
dutj', and privates on this duty, will receive forty cents per day
extra pay.

IV. Commissioned officers of the Signal Corps, or officers serving on
signal duty, will be entitled to the forage and allowance of officers of
similar rank in the cavalry. Non-commissioned officers and privates
on signal duty will be mounted by the quartermaster, on the order of
the commanding general.

V. Requisitions for flags, torches, glasses, and all the material
required wiU be made on the Quartermaster's Department, or they
may be purchased by the quartermaster of any division, on the order
of the major-general commanding.

VI. On the order of the general commanding a corps, other officers,
non-commissioned officers, or privates than those regularly on signal
duty may be instructed in the system of signals, after having taken
the oath prescribed above. Wherever it is practicable it is specially
recommended to all general officers to have their assistant adjutants-
general and aides-de-camp instructed.

VII. Whatever is prescribed herein for a division or for a majoi"-
general will be observed in the case of each brigade which constitutes
a separate command.

VIII. All officers and non-commissioned officers accepting appoint-
ments to the Signal Corps will forward with their acceptances the oath
prescribed above, sworn to before a magistrate, notary public, or
commissioned officer of the corps.

IX. Quarterly returns of signal property will be made by all officers
having it in charge to the Quartermaster's Department, and the senior
signal officer of each separate army in the field will report quarterly
to the Adjutant and Inspector General the number and organization
of the signal corps of the army, and its general operations during the
previous quarter.

X. It will be the duty of the signal officer of every division in the

CONFEDERATE AUTHORITIES. 1133

field to instruct the adjutant of each regiment in the division in the
system of signals in use in the Army.
By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Executive Department,

Richmond, Va., May 20, 1862.
His Excellency Joseph E. Brown,

Governor of Georgia, MiUedgevUle, Ga.:

Dear Sir : I received your letter of the 8th instant in due course,
but the importance of the subject embraced in it required careful
consideration, and this, together with other pressing duties, has
caused delay in my reply. The constitutional question discussed by
you in relation to the conscription law had been duly weighed before
I recommended to Congress the passage of such a law. It was fully
debated in both Houses, and your letter has not only been submitted
to my Cabinet, but a written opinion has been required from the
Attorney-General. The constitutionality of the law was sustained
by a very large majority of both Houses. This decision of the Con-
gress meets the concurrence not only of my own judgment, but of
every member of the Cabinet, and a copy of the opinion of the
Attorney-General, herewith inclosed,* develops the reasons on which
his conclusions are based. I propose, however, from my high respect
for yourself and other eminent citizens who entertain opinions similar
to yours, to set forth somewhat at length my views on the power of
the Confederate Government over its own armies and the militia, and
will endeavor not to leave without answer any of the positions con-
tained in your letter.

The main, if not the only, purpose for which independent States
form unions or confederations is to combine the power of the several
members in such manner as to form one united force in all relations
with foreign powers, whether in peace or in war. Each State, amply
competent to administer and control its own domestic government,
yet too feeble successfully to resist powerful nations, seeks safety
by uniting with other States in like condition, and by delegating to
some common agent the combined strength of all, in order to secure
advantageous commercial relations in peace and to carry on hostili-
ties with effect in war.

Now, the powers delegated by the several States to the Confederate
Government, which is their common agent, are enumerated in the
eighth section of the Constitution, each power being distinct, specific,
and enumerated in paragraphs separately numbered. The only
exception is the eighteenth paragraph, which by its own terms is made
dependent on those previously enumerated, as follows: "Eighteenth.
To make all laws which shall be necessary and proper for carrying
into execution the foregoing powers," <fec. Now, the war powers
granted to the Congress are conferred in the following paragraphs :
No. 1 gives authority to raise revenue necessary to pay the debts, pro-
vide for the common defense, and carry on the Government, &c. No.
11, "To declare war, grant letters of marque and reprisal, and make
rules concerning captures on land and water." No. 12, " To raise and

* Not found.

1134 CORRESPONDENCE, ETC.

support armies, but no appropriation of money to that use shall be
for a longer term than two years. " No. 13, " To provide and maintain
a nav3^" No. 14, "To make rules for the government and regulation
of the land and naval forces." It is impossible to imagine a more
broad, ample, and unqualified delegation of the whole war power of
each State than is here contained, with the solitary limitation of the
appropriations to two years. The States not only gave power to raise
money for the common defense, to declare war, to raise and support
armies (in the plural), to provide and maintain a navy, to govern and
regulate both land and naval forces, but they went further and
covenanted by the third paragraph of the tenth section not "to
engage in war, unless actually invaded, or in such imminent danger
as will not admit of delay." I know of but two modes of raising
armies within the Confederate States, viz, voluntary enlistment and
draft or conscription. I perceive in the delegation of power to
raise armies no restriction as to the modes of procuring troops.
I see nothing which confines Congress to one class of men, nor
any greater power to receive volunteers than conscripts into its
service. I see no limitation by which enlistments are to be received
of individuals only, but not of companies or battalions, or of squad-
rons or regiments. I find no limitation of time of service, but only
of duration of appropriation. I discover nothing to confine Congress
to waging war within the limits of the Confederacy, nor to prohibit
offensive war. In a word, when Congress desires to raise an army
and passes a law for that purpose, the solitary question is under the
eighteenth paragraph, viz, Is the law one that is necessary and proper
to execute the power to raise armies? On this point you say: "But
did the necessity exist in this ease ? The conscription act cannot aid
the Government in increasing its supply of arms and provisions, but
can only enable it to call a larger number of men into the field. The
difficulty has never been to get men. The States have already fur-
nished to the Government more than it can arm." I would have very
little difficulty in establishing to your entire satisfaction that the
passage of the law was not only necessary, but that it was absolutely
indispensable; that numerous regiments of twelve-months' men were
on the eve of being disbanded, whose places could not be supplied by
new levies in the face of superior numbers of the foe without entail-
ing the most disastrous results; that the position of our armies was
so critical as to fill the bosom of every patriot with the liveliest appre-
hension, and that the provisions of this law were effective in warding
off a pressing danger. But I prefer to answer your objection on other
and broader grounds. I hold that when a specific power is granted
by the Constitution, like that now in question, "to raise armies,"
Congress is the judge whether the law passed for the purpose of exe-
cuting that power is "necessary and proper." It is not enough to
say that armies might be raised in other ways, and that therefore this
particular way is not "necessary." The same argument might be
used against every mode of raising armies. To eacli successive mode
suggested the objection would be that other modes were practicable,
and that therefore the particular mode used was not "necessary."

The true and only test is to inquire whether the law is intended and
calculated to carry out the object; whether it devises and creates an
instrumentality for executing the specific power granted, and if the
answer be in the affirmative the law is constitutional. None can
doubt that the conscription law is calculated and intended to "raise
armies." It is, therefore, "necessary and proper" for the execution

CONPEDEEATE AUTHORITIES. 1135

of that power, and is constitutional, unless it comes into conflict with
some other provision of our Confederate compact. You express the
opinion that this conflict exists, and support your argument by the
citation of those clauses which refer to the militia. There are certain
provisions not cited by you which are not without influence on my
judgment and to which I call your attention. They will aid in defin-
ing what is meant by militia and in determining the respective powers
of the States and the Confederacy over them. The several States
agree "not to keep troops or ships of war in time of peace." (Art. I,
sec. 10, par. 3.) They further stipulate that " a well-regulated militia
being necessary to the security of a free State, the right of the people
to keep and bear arms shall not be infringed." (Sec. 9, par. 13.)
That "no person shall be held to answer for a capital or otherwise
infamous crime unless on a presentment or indictment of a grand
jury except in cases arising in the land or naval forces, or in the
militia when in actual service in time of war or public danger," &c.
(Sec. 9, par. 16. ) What, then, are militia? They can only be created
bj' law. The arms-bearing inhabitants of a State are liable to become
its militia if the law so ordered, but in the absence of a law to that
effect the men of a State capable of bearing arms are no more militia
than they are seamen. The Constitution also tells us that militia are
not troops, nor are they part of the land or naval forces, for militia
exist in time of peace, and the Constitution forbids the State to keep
troops in time of peace, and they are expressly distinguished and
placed in a separate category from land or naval forces in the six-
teenth paragraph above quoted; and the words "land and naval
forces" are shown by paragraphs 12, 13, and 14 to mean the Army
and Navy of the Confederate States. Now, if militia are not the
citizens taken singly, but a body created by law; if they are not
troops, if they are no part of the Army and Navy of the Confed-
eracy, we are led directly to the definition quoted by the Attorney-
General that militia are "a body of soldiers in a State enrollment for
discipline."

In other words, the term "militia" is a collective term, meaning
a body of men organized, and cannot be applied to the separate indi-
viduals who compose the organization. The Constitution divides
the whole military strength of the States into only two classes of
organized bodies, one the Army of the Confederacy, the other the
J militia of the States. In the delegation of power to the Confederacy,
after exhausting the subject of declaring war, raising and support-
ing armies, and providing a navy, in relation to all which the grant
of authority to Congress is exclusive, the Constitution proceeds to
deal with the other organized body, the militia, and instead of dele-
gating power to Congress alone, or reserving it to the States alone, the
power is divided as follows, viz, Congress is to have power "to pro-
vide for calling forth the militia to execute the laws of the Confederate
States, suppress insurrections, and repel invasions." (Sec. 8, par. 15. )
"To provide for organizing, arming, and disciplining the militia, and
for governing such part of them as may be employed in the service of
the Confederate States, reserving to the States, respectively, the
appointment of the officers and the authority of training the militia
according to the discipline prescribed by Congress. " (Par. 10. ) Con-
gress, then, has the power to provide for organizing the arms-bearing
people of the States into militia; each State has the power to officer
and train them when organized. Congress may call forth the militia
to execute Confederate laws; the State has not surrendered the power

1136 CORRESPONDENCE, ETC.

to call them forth to execute State laws. Congress may call them
forth to repel invasions; so may the State, for it has expressly reserved
this right. Congress may call them forth to suppress insurrection,
and so may the State, for the power is impliedly reserved of govern-
ing all the militia except the part in actual service of the Confederacy.
I confess myself at a loss to perceive in what manner these careful
and well-defined provisions of the Constitution regulating the organ-
ization and government of the militia can be understood as applying
in the remotest degree to the armies of the Confederacy; nor can I
conceive how the grant of exclusive power to declare and carry on
war by armies raised and supported by the Confederacy is to be
restricted or diminished by the clauses which grant a divided power
over the militia. On the contrary, the delegation of authority over
the militia, so far as granted, appears to me to be plainly an addi-
tional enumerated power, intended to strengthen the hands of the
Confederate Government in the discharge of its paramount duty — the
common defense of the States. You state, after quoting the twelfth,
fifteenth, and sixteenth grants of power to Congress, that "these
grants of power all relate to the same subject-matter, and are all con-
tained in the same section of the Constitution, and by a well-known
rule of construction must be taken as a whole and construed together."
This argument appears to me unsound. All the powers of Congress
are enumerated in one section, and the three paragraphs quoted can
no more control each other by reason of their location in the same
section than they can control any of the other paragraphs preceding,
intervening, or succeeding. So far as the subject-matter is concerned,
I have already endeavored to show that the armies mentioned in the
twelfth paragraph are a subject-matter as distinct from the militia
mentioned in the fifteenth and sixteenth as they are from the Navy,
mentioned in the thirteenth. Nothing can so mislead as to construe
together and as a whole the carefully separated clauses which define
the different powers to be exercised over distinct subjects by the Con-
gress. But you add that "by the grant of power to Congress to raise
and support armies without qualification the framers of the Constitu-
tion intended the regular armies of the Confederacy, and not the
armies composed of the whole militia of all the States." I must con-
fess myself somewhat at a loss to understand this position. If I am
right that the militia is a body of enrolled State soldiers, it is not
possible in the nature of things that armies raised by the Confederacy
can "be composed of the whole militia of all the States." The mili-
tia may be called forth in whole or in part into the Confederate
service, but do not thereby become part of the armies raised by Con-
gress. They remain militia and go home when the emergency which
provoked their call has ceased. Armies raised by Congress are of
course raised out of the same population as the militia organized by
the States, and to deny to Congress the power to draft a citizen into
the Army or to receive his voluntary offer of services because he is a
member of the State militia is to deny the power to raise an army at
all, for practically all men fit for service in the Army may be embraced
in the militia organizations of the several States. You seem, how-
ever, to suggest rather than directly to assert that the conscription law
may be unconstitutional, because it comprehends all arms-bearing
men between eighteen and thirty-five years ; at least, this is an infer-
ence which I draw from your expression, "armies composed of the
whole militia of all the States." But it is obvious that if Congress
have power to draft into the armies raised by it any citizens at all

CONFEDERATE AUTHORITIES. 1137

(without regard to the fact whether they are or not members of mili-
tia organizations) the power must be coextensive with the exigencies
of the occasion or it becomes illusory; and the extent of the exigency
must be determined by Congress, for the Constitution has left the
power without any other check or restriction than the Executive veto.
Under ordinary circumstances the power thus delegated to Congress
is scarcely felt by the States. At the present moment, when our very
existence is threatened by armies vastly superior in number to ours,
the necessity for defense has induced a call not for " the whole militia
of all the States," not for any militia, but for men to compose armies
for the Confederate States.

Surely there is no mystery on this subject. During our whole past
history, as well as during our recent one year's experience as a new
Confederacy, the militia have been called forth to repel invasions in
numerous instances, and they never came otherwise than as bodies
organized by the States, with their company, field, and general offi-
cers; and when the emergency had passed they went home again. I
cannot perceive how any one can interpret the conscription law as
taking away from the States the power to appoint officers to their
militia. You observe on this point in your letter that unless your
construction is adopted "the very object of the States in reserving
the power of appointing the officers is defeated, and that portion of
the Constitution is not only a nullity, but the whole military power
of the States and the entire control of the militia, with the appoint-
ment of the officers, is vested in the Confederate Government when-
ever it chooses to call its own action 'raising an army,' and not
'calling forth the militia.' " I can only say in reply to this that the
power of Congress depends on the real nature of the act it proposes
to perform, not on the name given to it; and I have endeavored to
show that its action is merely that of "raising an army," and bears
no semblance to " calling forth the militia." I think I may safely
venture the assertion that there is not one man out of a thousand who
will do service under the conscription act that would describe him-
self while in the Confederate service as being a militiaman; and if I
am right in this assumption the popular understanding concurs
entirely with my own deductions from the Constitution as to the
meaning of the word "militia." My answer has grown to such a
length that I must confine myself to one more quotation from your
letter. You proceed:

Congress shall have the power to raise armies. How shall it be done ? The
answer is clear. In conformity to the provisions of the Constitution, which
expressly provides that when the militia of the States are called 'forth to repel
invasion and employed in the service of the Confederate States, which is now the
case, the States shall appoint the officers.

I beg you to observe that the answer which you say is clear is not
an answer to the question put. The question is. How are armies to be
raised ? The answer given is, that when militia are called forth to
repel invasion the State shall appoint the officers. There seems to be
a conclusive test on this whole subject. By our Constitution Con-
gress may declare war, offensive as well as defensive. It may acquire
territory. Now, suppose that, for good cause and to right unpro-
voked injuries. Congress should declare war against Mexico and in-
vade Sonora. The militia could not be called forth in such a case, the
right to call it being limited to repel invasions. Is it not plain that the
law now under discussion, if passed under such circumstances, could
72 E R— SERIES IV, VOL I

1138

by no possibility be aught else than a law to "raise an army?" Can
one and the same law be construed into a "calling forth the militia,"
if the war be defensive, and a " raising of armies," if the war be
offensive? At some future day, after our independence shall have
been established, it is no improbable supposition that our present
enemy may be tempted to abuse his naval power by depredations on
our commerce, and that we may be compelled to assert our rights by
offensive war. How is it to be carried on ? Of what is the arniy to
be composed ? If this Government cannot call on its arms-bearing
population otherwise than as militia, and if the militia can only be
called forth to repel invasion, we should be utterly helpless to vindi-
cate our honor or protect our rights. War has been well styled "the
terrible litigation of nations." Have we so formed our Government
that in this litigation we must never be plaintiff ? Surely this cannot
have been the intention of the framers of our compact. In no aspect
in which I can view this law can I And just reason to distrust the
propriety of my action in approving and signing it, and the ques-
tion presented involves consequences both immediate and remote too
numerous to permit me to leave your objections unanswered.

In conclusion I take great pleasure in recognizing that the history of
the past year affords the amplest justification for your assertion that
if the question had been whether the conscription law was necessary
in order to raise men in Georgia the answer must have been in the
negative. Tour noble State has promptly responded to every call
that it has been my duty to make on her, and to you personally, as
her Executive, I acknowledge my indebtedness for the prompt, cordial,
and effective co-operation you have afforded me in the effort to defend
our common country against the common enemy.

I am, very respectfully, your obedient servant,

JEFFERSON DAVIS.

[May 29, 1862. — For Secretary of War to Governor of Arizona,
authorizing the raising of five battalions for the Confederate service,
see Series I, Vol. L, Part I, p. 1108.]

Executive Department,

Bichmond, Va., May 30, 1862.
Governor J. J. Pettus,

Jackson, Miss.:
Sir: Your letter of the 14th instant, in relation to the operation of
the conscription law in the State of Mississippi, has been received and
referred to the War Department for consideration. The following is
the report thereon :

CONFEDKRATE STATES OF AMERICA, WAR DEPARTMENT,

Richmond, Va., May S9, 186$.
His Excellency Jefferson Davis,

President of the Confederate States of America :
Sir: The letter of the Governor of Mississippi, referred to this Department, has
been duly considered, and I have the honor to report that applications of a similar
character have been very numerous, and I have uniformly replied that overseers
not being exempted by the act of Congress, the Department has no authority to
extend the provisions of the law. I have pointed out that the remedy was to be
found in an application to Congress at its next session in August, and that in
the meantime great injury could not result, for the following reasons, viz : First,
the conscription act exempted all persons over thirty-five years of age ; second, the

CONFEDERATE AUTHORITIES. 1130

enrollment had not yet been commenced, and a considerable period would elapse
before arrangements conld be made to carry out the provisions of the law ; third,
in cases of peculiar hardship substitutes might be furnished.
Very respectfully, your obedient servant,

GEO. W. RANDOLPH,

Secretary of War.

The impression which you allude to as prevailing in the community,
" that there is odium attached to those who delay enlisting until they
are brought into the ranks under provisions of that (the conscription)
law," must arise from an entire misapprehension of the object, which
is to ascertain the number of persons between the ages of eighteen
and thirty-five available for military service, and to have them pre-
pared for such service in camps of instruction, that they may be called
upon as the exigencies of the country require. The law simply offers
a substitute for the previous methods of raising troops. Its operation
embraces all communities of the Confederate States, and can in no
way bring discredit upon any individual.

Very respectfuDy, your obedient servant,

JEFFERSON DAVIS.

General Orders, ) War Department,

[ Adjt. and Insp. General's Office,
No. 41. ) Bichmand, May 31, 1862.

I. General officers and officers in command of departments, dis-
tricts, and separate posts will make a detail of men from their com-
mands to work the niter caves which may be situated within the
limits of their respective commands. These details will be made on
the requisition of the officer in charge of the Niter Bureau in the
War Department. The men thus detailed vrtll be organized tempo-
rarily under the command of the niter officer in charge of the par-
ticular cave, who will make monthly reports to the general or other
officer commanding the department, district, or post in which the
cave may be located, in order that such commanding officer may
treat as deserters such of the detailed men as may leave the works
without permission. And it is enjoined upon generals and other
commanding officers to give protection, as far as possible and to the
extent of their means, against any encroachments of the enemy upon
the niter caves within the limits of their commands.

II. AH persons in the employment of the Niter Bureau, whether
contractors for manufacturing saltpeter, or laborers in their employ-
ment, are exempt by law from enrollment.

III. Officers of the Quartermaster's and Commissary Departments
will furnish the officers and men of the Niter Bureau with provisions
and forage as in the case of ordnance officers and men in the field.

IV. Officers of the Niter Bureau are authorized to impress free
negroes for the purpose of working the niter caves, who will be paid
wages and be furnished with subsistence.

V. Paragraph No. 161, General Regulations of the Army, relating
to discharges in hospital, is so far modified as to dispense with the
necessity of sending certificates of disability in the case of soldiers
sick in the hospitals in Richmond to the commandants of regiments
where communication with them is difficult and cases urgent. In aU
such cases the certificates will be sent to Brig. Gen. John H. Winder,
commanding the Department of Henrico, who will grant the discharge
and notify the same to the regimental commander, who will cause the

1140 CORRESPONDENCE, ETC.

final statements in each case of discharge to be made out and sent to
the officer granting the discharge, for the benefit of the discharged
soldier.

VI. The following is published for the information of all concerned :

The act No. 52, approved March 6, 1861, section 19, provides that
"there shall be allowed, in addition to the pay hereinbefore provided,
to every commissioned officer except the Surgeon-General, $9 per
month for every five years' service ; and to the officers of the Army of
the United States who have resigned or may resign, to be received
into the service of the Confederate States, this additional pay shall
be allowed from the date of their entrance into the former service."

The foregoing act applies to all officers of the U. S. Army who have
resigned from that Army to be received into the service of the Con-
federate States, whether in the Regular or Provisional Army.

By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Headquaktbes Camp of Instruction,

Colwmhia, S. C, June J^, 1862.
General S. Cooper,

Adjutant and Inspector General, C. S. Army, Richmond, Va.:
General : I have the honor to report that instantly on the receipt
of my orders and instructions under the conscript act, which reached
me on the 26th of May, I made application to the Governor of South
Carolina for permission to employ State enrolling officers for the pur-
pose of the enrollment of conscripts, and furnished His Excellency
with a copy of my instructions in full. I have received no response
to this application. The public exigency seeming to require prompti-
tude in the conscription I ask instruction by telegraph. It is proper
to report that after the passage of the conscript act — say about the
1st of May — and in view of the act the State of South Carolina began
an enrollment, which I was officially informed would be placed in my
hands before the 1st of June. I am now informed it will not be
returned before the 20th of June at the earliest. I am also informed
that when returned it will be expurgated of the names of persons
exempt by State law. Shall I accept this enrollment, or shall I pro-
ceed at once to enroll by employing Confederate officers as under the
law ? It is proper to represent that the authorities of the State have
given me to understand they will persist in every form to require
exemption under the State law. Not less than twenty officers belong-
ing to South Carolina regiments in Virginia have reported to me
under orders from their colonels to obtain their quota of conscripts.
Some I have ordered to return to their commands; others having fur-
loughs I have given leave of absence; others are held to duty. I sug-
gest that the two latter classes be employed by me in enrolling, and
that colonels be ordered not to send officers or rolls until applied to
by the commandant of the camp of instruction.

I have the honor to be, very respectfully, your obedient servant,

JNO. S. PRESTON,
Lieutenant- Colonel, Commanding Camp of Instruction.

P. S. — I have the honor to inclose a copy of my letter to and the
reply of the enrolling officer of the State of dates previous to my
instructions of the 16th of May.

J. S. P.

CONFEDERATE AUTHORITIES. 1141

[Indosure Ko. 1.]

Headquarters,
Columbia, 8. C, May 23, 1862.
Major Melton,

Assistant Adjutant- General of South Carolina:
Major : Preparatory to arrangements for the disposal of the troops
under the conscription act I beg leave respectfully to inquire of you
as the enrolling officer —

First. Do you expunge from your enrollment persons exempt by
State laws but not specifically exempt by the conscription act?

Second. Do you accept claims for exemption passed by the local
boards of examination ?

Third. Will your enrollment when returned to me as the of&cer
charged with the disposing of the troops exhibit the claims for exemp-
tion and the decisions thereon ?

Fourth. Within what time may I expect you to return to me the
enrollment ?

These questions are submitted, as the matter is proper to my report
to the War Department.

Yery respectfully, your obedient servant,

JNO. S. PRESTON,
LdeutenantrColonel, Commanding Camp of Instruction.

[Inclosnro No, 2.]

State op South Carolina,
Adjutant and Inspector General's Office,

Columbia, May 24, 1862.
Lieut. Col. John S. Preston,

Assistant Adjutant- General, C. S. Army, Columbia, S. C:
Colonel: Tour letter of the 23d instant has just been laid on my
table, and I immediately answer the questions you propound.

First. It is proposed to send you a roll expurgated of such persons
as are exempted by State laws, but not specially exempted by the
exemption act of the Confederate Congress.

Second. The names of persons exempted by the local boards of
exemption for physical disabilities will be returned to you, with the
cause of exemption set down.

Third. The rolls being expurgated will not show causes for exemp-
tion except physical disability.

Fourth. The rolls are being prepared as rapidly as possible, and
will I hope be sent to you prior to the 15th of June.

WILMOT G. DE SAUSSURE,
Adjutant and Inspector General.

Camp Randolph,
CalJioun, Gordon County, Ga., [June 5, 18629].

(Received 16th, 1862.)

Adjutant and Inspector General S. Cooper,

Richmond, Va.:

Sir: Since my last report stating the result of my interview with
the Governor of Georgia I have the honor to inform you that I called

1142 CORRESPONDENCE, ETC.

upon Major-General Pemberton, commanding Military Department of
South Carolina and Georgia, who in compliance with my instructions
on that point issued to Brig. Gen. A. R. Lawton, commanding Dis-
trict of Georgia, Special Orders, No. 61, a copy of which I inclose.
Agreeably to said order I prepared a list of enrolling officers and
their assistants for each Congressional district for the approval of
General Lawton, who caused the same to be detailed and to report to
me for instructions. And in conformity with the last clause of the said
Order No. 61 1 have instructed each district enrolling officer to employ
not exceeding two competent conscripts to perform the enrolling duty
under his direction and in accordance with instructions contained in
my General Orders, No. 1, dated Savannah, May 31, 1862. I have also
had printed in pamphlet form for the use of the enrolling and sub-
enroUing officers the conscript act, General Orders, No. 30, and such
other orders as are explanatory of the same, together with my Gen-
eral Orders, Nos. 1 and 2, copies of which you will also find under this
cover.* The district enrolling officers have entered upon the dis-
charge of their duties and are appointing sub-enroUers in each county,
who will be furnished with the necessary documents and instructions.
The sub-enroUing officers will immediately commence enrolling and
forwarding the conscripts to camp of instruction No. 1, Camp Ran-
dolph, which, after due examination and a thorough investigation of
all the connecting circumstances, I have located on the Western and
Atlantic Railroad at Calhoun, Gordon County, in the upper part of
the State.

It is my opinion that during the next ten days there will be assem-
bled at camp about 6,000 troops organized into regiments, battalions,
and companies, consisting of cavalry, artillery, and infantry, most of
which are entirely unarmed and organized under many irregularities
not strictly in accordance with authority and regulations. I shall
report more fully the special organization, &e., of each after they
are established at camp. I am of the opinion that the number of con-
scripts in the State will not exceed 5,000 or 6,000, which is not near
enough to fill out the skeleton regiments already in the field. The
authorities granted to individuals to organize regiments, &c., and the
various constructions placed by them upon the decisions of the Depart-
ments regarding their power to continue to enlist volunteers will
greatly diminish the number of conscripts, and will thereby frustrate
in a measure the main object of the act, viz, the filling up of skeleton
regiments already in the field. I shall decide, and shall so instruct my
enrolling officers, that all volunteering and all claiming of bounty
must forthwith cease, except such as is done in accordance with
Article III, sections 8 and 9, of regulations, entitled "Volunteers for
existing corps," to which I beg to call your special attention. This is
my construction of the above-named article, based upon the reading of
the article itself and upon decisions and orders since issued by the
Department. I have selected and appointed my quartermaster, my
commissary, and my adjutant, whom I desire to be commissioned
without delay. The name of my quartermaster is J. Milton Moore, of
Kentucky, formerly acting assistant quartermaster of the Department
of the West, under Maj. R. Stevenson, quartermaster; the name of
my commissary is William B. Davison, of Augusta, Ga. Each of
them will shortly forward a bond for your approval. The name of my

*Not found as inclosures.

CONFEDERATE AUTHORITIES. 1143

adjutant is Charles S. Hardee, late second lieutenant of the Tattnall
Guards, an unattached company, stationed at Oglethorpe Barracks,
Savannah, Ga. As most of the officers of the regiments, &c., which
will report at once at camp are very deficient in a faiowledge of tactics,
and will need instruction, and as the conscripts will commence to
report at camp by Monday, the 16th instant, I have selected a list of
drill-masters whose names I respectfully submit to the Secretary of
War, with the request that their commissions be forwarded at once.
I shall order as many of them as I think will at present be necessary
to report at camp without delay, and as fast as they arrive I wiU
assign them to their respective duties.

I have the honor to be, general, your obedient servant,

JOHN DUNWODY,
Mqj. and Asst. Adjt. Gen., Commanding Camp, &c.

[First indorsement.]

Adjutant and Inspector General's Office,

June 17, 1862.
Respectfully submitted to the Secretary of War :

JNO. WITHERS,
Assistant Adjutant- General.

[Second indorsement.]

Adjutant-General :

Nominate staff and appoint six first-named drill-masters with rank
and pay of second lieutenants of infantry. Inform Major Dunwody
that further appointments will be made if needed, but that an unnec-
essary number should not be appointed.

G. W. R.

[Inclosnre No. 1.]

Special Orders, ) Hdqrs. Dept. of S. Carolina and Ga.,
No. 61. ) Charleston, May 28, 1862.

If If it ^ * * *

VII. Brig. Gen. A. R. Lawton, commanding Second Division, Dis-
trict of Georgia, will detail a commissioned officer for each Congres-
sional district of Georgia, who will report for instructions to Maj. John
Dunwody, Adjutant-General's Department, Provisional Army, C. S.,
charged by the War Department with the enrollment and mustering
into service of such persons as are subject to military duty under the
law usually known as the conscription act. In addition to the com-
missioned officers as specified above a reliable non-commissioned
officer or private will be detailed to accompany each officer as an
assistant. Major Dunwody is further authorized to cause to be
detailed not to exceed two competent persons from those who shall
have been enrolled in each county as additional assistants to the
officers detailed for the district.

By order of Major-Greneral Pemberton:

J. R. WADDY,
Assistant Adjutant- General.

1144

CORRESPONDENCE, ETC.

[InclosDie No. 2.]

The Secretary of War is requested to forward without delay to
camp of instruction No. 1, Camp Randolph, at Calhoun, Gordon
County, Ga., commissions for the following necessary officers, viz:

Kame.

Kesidence.

Office.

Bank.

Arm of service.

Quartermaster. .

Captain

Augusta, Ga

Savannah, Ga

Charles S. Hardee

Adjutant

First lieutenant . .
do

Infantry.
Do.

John Li Winff

Koswell Ga

. ..do

Do.

Artillery.

Infantry.

Do.

Shaler G. Hillyer

"VViliiam A. Bass

Penfleld Ga

R. Newton Hull

"Wavnesville Ga

Do.

Cavalry.
Artillery.
Infantry.
Do.

Edirard "W Seahrook

Charleston. S. C . . . . .

C A Withers

Atlanta Ga

.do

Second lieutenant .
do

Do.

C A Stone

Atlanta Ga

Do.

"W" "W Brimm

Do.

Charles Pratt

Koswell, Ga

Do.

Joseph A. Cotton

Joseph Thompson

Powder Springs, Ga.
Atlanta, Ga

Do.

By order of Maj. John Dunwody, assistant adjutant-general and
commandant of camp:

CHAS. S. HARDEE,
Adjutant of Camp, &c.

Headquarters Camp of Instruction,

Columbia, 8. C, June 6, 1862.
General S. Cooper,

Adjutant and Inspector General C. S. Army, Richmond, Va. :

General: Referring to my communication dated the 4th of June,

I have the honor to inclose you the reply of the Governor of South

Carolina to my application for permission to employ State officers for

enrolling under the conscription law.

Very respectfully, your obedient servant,

JNO. S. PRESTON,
lAeut. Col. and Asst. Adjt. Gen., Comdg. Cam,p of Instruction.

[Inclosure.]

Headquarters State of South- Carolina,

Columbia, June 4, 1862.
Lieut. Col. John S. Preston,

Assistant Adjutant-General, C. 8. Army:
Sir: By previous action of the State authorities an enrollment had
been made for State conscription, and with a view to carry out the
Confederate act new rolls, in anticipation of your application, have
been ordered by the State, so as to discriminate between the Confed-
erate and State conscripts, and are now being made out as rapidly as
possible, so as to present to you a roll of persons liable to Confederate
conscription. These rolls will be ready for presentation to you on the
15th of June, instant. It is hoped that this will meet your views, and
that the rolls so prepared and tendered to you will be accepted.

I have the honor to be, very respectfully, your obedient servant,

F. W. PICKENS.

CONFEDERATE AUTHORITIES. 1145

Selma, Ala., June 6, 1862.
Hon. G. W. Randolph,

Secretary of War :
The undersigned, president of the Alabama and Mississippi Rivers
Railroad Company, acting under instructions of the Board of Direc-
tors of said company, respectfully shows that it is indispensable for
the early completion as well as efficient operation of the railroad under
his charge to be supplied with iron spikes, chairs, and bolts required
for the construction of the incomplete portion of the road, and in
keeping the finished portion in repair. Iron is also required for
repairs of machinery, especially iron tires for the wheels of locomo-
tives, which on a portion of the locomotives have become so worn by
constant use as to render them almost unfit for service, and without
new tires these locomotives will ere long become entirely unfit for
service. New locomotives cannot now be obtained in the Confederate
States. Your memorialist has succeeded in procuring spikes suffi-
cient for the construction of about one-third of the incomplete portion
of the road, but there is no further supply within his reach. He has
made application for the spikes and other iron necessary to the only
iron manufactory where there seemed any prospect of procuring a
supply — ^that is, the Shelby County Iron Manufacturing Company,
a new company which is engaged in preparations for the extensive
manufacture of iron. This company would agree to furnish the iron
required, but say they are under obligation to deliver to the Govern-
ment all the iron they will be able to make for the next twelve months
beyond what will be required to fill certain contracts made prior to
their contract with the Government; but that if permitted by the
Government they will supply the iron required by the company of
memorialist. This may be done without diminishing materially the
supply of iron intended for the Government; As this is one of the
roads deemed by Congress and the Government essential in military
operations — "a military necessity" — it is unnecessary that the under-
signed should speak of the importance of its completion, as his com-
pany is striving to do at the earliest day practicable, and that when
completed its machinery should be in a condition to furnish promptly
and regularly means for the heavy and constant transportation which
will doubtless be required by the Government. To accomplish this a
supply of iron is indispensable, and, as stated above, the only known
source whence a supply can be obtained is the iron establishment
referred to. Your memorialist therefore respectfully requests that
permission be given to the Shelby County Iron Manufacturing Com-
pany to furnish this iron.
Most respectfully submitted.

G. G. GRIFFIN,
President.
ByW. S. KNOX,
Secretary and Treasurer.

[First indorsement.]

Chief of Ordnance:

To what extent can the Shelby County Iron Manufacturing Com-
pany be permitted to delay their contract with the Government in
order to furnish iron for the railroad ? It is of great importance, and
we desire to complete it as rapidly as possible.

G. W. R.

1146 CORRESPONDENCE, ETC.

[Second indorsement.]

Hon. Colin J. McRae having begun work at Selma, or near there,
on the supposition of receiving this iron to be used there for Govern-
ment purposes, and the contract having been made through him, the
question will be referred to him. I have written to him on the
subject.

J. GORGAS,

Colonel, &c.

CONFEDEKATE STATES OF AMERICA, POST-OFFICE DEPT.,

Richmond, June 9, 1862.
Hon. G. "W. Randolph,

Secretary of War :
Sir: I find myself so much embarrassed in the management of the
telegraph lines and the persons connected with them by orders directly
to the president and superintendent of the lines from the War Depart-
ment and from the generals in the field as to render it necessary for
me to call your attention to the subject, and to request such orders
from your Department as will enable me to discharge my duties in
relation to telegraph matters without improper interference from
others. By reference to "An act relative to telegraph lines of the
Confederate States," approved May 11, 1861, you will see "that dur-
ing the existing war the President is authorized and empowered to
take such control of the lines of telegraph in the Confederate States,
and of such officers connected therewith, as will enable him to efEec-
tually supervise the communications passing through the same. " And
the President is authorized to appoint agents in certain cases to build
lines, to issue instructions to agents and operators, to employ oper-
ators and pay them, <fcc. I have been charged by the President with
the performance of these duties. Requisitions from the War Depart-
ment and from army officers for the building of lines, the establish-
ment and discontinuance of offices, the appointment of operators and
agents, and the disposition of materials, &c., should be made on this
Department, and the orders for doing these things should go from it.
No other Department or person has legal authority to do these things,
yet in most instances the first I know of such orders is a notification
from the president and superintendent of the lines that the War
Department or some officer of the Army has made an order to build
a line, establish an office, appoint an operator or agent, or take down
a line, close an office, or some order for the transfer and use of the
telegraph material, without any pre-existing legal order. So far I
have recognized these acts in most instances by subsequent orders,
but this course is so irregular and produces so much confusion and
difficulty, by rendering it impossible for me to know from the books
of the Department the condition of the lines, the number of operators
or agents, and where they are, and where and in what condition the
materials belonging to the Government are, as to render it necessary
for me to call your attention to it. Without the observance of the
law in these respects I can neither control nor understand the expenses
of this service or settle the accounts growing out of it. The generals
in the Southwest have gone even beyond what they do here, and have
usurped the entire control of the telegraph lines, appointing agents
and operators, &c., without any notice whatever to this Department.
In view of these facts I beg you will issue an order to the officers of

CONFEDERATE AUTHORITIES. 1147

the Army that when they wish lines built or removed, offtces estab-
lished or discontinued, or agents or operators appointed or removed,
&c. , they shall apply to this Department to have it done, or such other
order as will in your judgment relieve me of the embarrassments
above referred to.

Very respectfully, your obedient servant,

JOHN H. REAGAN,

Postmaster- General.

Canton, Ga., Jime 9,
Hon. G. W. Randolph,

Secretary of War:
■ Dear Sir: The scarcity of salt and the difficulty in securing a sup-
ply is causing much uneasiness among the people of this State. Under
these circumstances I have determined to do all in my power to seciire
a siipply for our people, and thus prevent much suffering and distress.
Through the agency of Hon. John W. Lewis, one of the Senators from
this State in Congress, I have been able to secure the privilege of using
a supply of water at the salt works in your State. 1 have also made
preparation to engage actively in making salt in a few days. Senator
Lewis, who is a gentleman of very superior practical sense and of
great energy of character, has consented to take charge of the State's
works at Saltville, and to devote much of his time to the business as a
public benefit without compensation. He has a son, Baylis John
Lewis, who is a young man of fine business habits, and would be of
great value to him in the prosecution of the work. Baylis John Lewis
is between the ages which subject him to conscription, but he is not a
conscript, as he volunteered, and is now in service as a private in the
company commanded by Capt. John P. Daniel, in Col. J. A. W. John-
son's regiment, now in camp at Camp McDonald, seven miles from
Marietta. It is my wish and that of the Senator that his son be
detailed to assist him in the manufacture of salt, while he himself is
engaged in the business for the State. He does not wish him dis-
charged from the service, but only detailed for the time and purpose
above mentioned, after which he wiU return to his company and regi-
ment in the service. While thus detailed Baylis would receive no
compensation from the Confederacy, but would expect his pay to stop
till his return to his company. I would esteem it a special favor to
me and the State if you could grant this request. My family are here
for the summer, and I am detained for a time on account of family
affliction. Please direct your reply to mo at this place, inclosing the
necessary order, if the request of Senator Lewis and myself should
receive your favorable consideration.

I am, very respectfully, your obedient servant,

JOSEPH E. BROWN.

Confederate States of America, Treasury Dept.,

Richmond, June 10, 1862.
W. H. Young, Esq.,

President Bank of Coltmibtis, Columbus, Ga.:
Sir: Inclosed I hand you a copy of an agreement between R. M.
Davis, esq., president of the Bank of Louisiana, and myself in relation
to the coin of that bank which has been seized by the Government and

1148 CORRESPONDENCE, ETC.

is now deposited with you for safe-keeping. As prescribed in the
terms of the agreement, you will please retain the coin until the Gov-
ernment orders otherwise.
Respectfully,

C. G. MEMMINGER,

Secretary of the Treasury.

[InclosTiTe.]

Confederate States op America, Treasury Dept.,

Bichmond, June 9, 1862.
W. H. Young, Esq.,

President Bank of Columbus, Columbus, Oa.:
Sir : The Secretary of the Treasury has informed me that the Gov-
ernment, in ordering the coin of the banks of Louisiana to be seized,
had no other motive than to prevent its falling into the hands of the
public enemy, and that he is satisfied that this result could not be
attained in any other way. It has therefore been agreed between the
Secretary on the part of the Government and myself on the part of
the Bank of Louisiana that the coin of that bank, amounting to
$2,539,798.79, now deposited with you for safe-keeping, shall so
remain, and shall not be removed, except to some safer place, without
the consent of the Government of the Confederate States.
Very respectfully, your obedient servant,

R. M. DAVIS,
President Bank of Louisiana.
Approved.

C. G. MEMMINGER,

Secretary of the Treasury.

Raleigh, N. C, June 10, 1862.
General S. Cooper,

Adjutant arid Inspector General:
Sir: I have the honor to report that I have selected a desirable
location in this vicinity for a camp of instruction. I have applied to
Governor Clark for permission to employ the enrolling officers of the
State, and have the promise of his reply to-morrow. The enrollments
have been furnished by the colonels of militia without compensation
from the State. Please instruct me what compensation I can allow
them for enrolling conscripts. Returns of sixty-three regiments have
been furnished me by the Governor, footing up over 16,000 conscripts.
This, however, will be greatly reduced by exemj)ts and volunteers
since enrolled. In order to save time, fill up the regiments now in
the field as fast as possible, I purpose, with your approval, sending
a commissioned officer and an assistant surgeon to each county (with
the muster-roll furnished by the State as a check) to enroll, accept
substitutes, examine and give certificates to all persons who may be
exempt from disability. This will save transportation for many
exempts who would otherwise be obliged to go to camp at great incon-
venience to themselves and unnecessary expense to the Government.
By dividing the State into sections the work can be accomplished with
comparatively few officers. After enrollment, substitutes accepted,
and certificates given to exempts at each precinct or muster ground,
the conscripts will be sent immediately to camp for instruction and
distribution. For enrolling officers I propose employing as far as

CONFEDERATE AUTHORITIES. 1149

practicable those "sent by commandants of regiments with their
muster-rolls to take charge of such recruits as may be furnished to
said corps." This plan of operation which I take the liberty of pro-
posing was suggested by General Holmes. I respectfully submit the
same for your consideration. If approved I shall require five assistant
surgeons for this duty, besides a surgeon to remain at camp. Numer-
ous applications are made daily for the position of field-master. With
your consent I will select and furnish you with a list for approval.

Waiting your further orders and instructions, I have the honor to
be, your obedient servant,

PETER MALLETT,
Major and Assistant Adjutant- General.

General Orders, ) War Department,

y Adjt. and Insp. General's Office,
No. 42. ) Richmond, June 11, 1862.

1. Provost-marshals are prohibited from taking cognizance of civil
cases.

2. When martial law has been proclaimed the civil tribunals are
authorized to take cognizance of civil cases to the extent of granting
injunctions as usual, when it is necessary to prevent irreparable mis-
chief; to make orders necessary to enforce the same, and to secure
the custody of infants in persons entitled thereto; to decide suits for
divorce, and to make necessary orders for alimony and personal safety
of the parties; to recover rents and the possession of real estate and
slaves.

3. Where the officers of the court cannot execute the judgments,
decrees, and orders in the cases above mentioned they may be certi-
fied to the provost-marshal, who will receive instructions to carry them
into effect.

By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Montgomery, June 11, 1862.
Hon. G. W. Randolph,

Secretary of War:
There are several counties in this State in which much' disaffection
exists. In these counties there will be great difficulty in enforcing
the conscript act. I think I can manage it by obtaining from that
section volunteers for companies in service on the 16th of April if
you will authorize me to have them mustered in and to give them
transportation to the companies they volunteer into. Important this
should be acted on early.

JNO. GILL SHORTER,

Governor of Alabama.

[June 11, 1862. — For Moore to Beauregard, in relation to the organ-
ization of Louisiana troops under the conscription law, see Series I,
Vol. LIII, p. 812.]

1150 CORRESPONDENCE, ETC.

Richmond, Va., June 12, 1862.
C. R. Dickson,

Jackson, Miss.:
An article copied from the Raymond Gazette is calculated to create
the impression that I have preserved my cotton when that of my
neighbors was burned. I do not know what has been done, but do
know that it is basely false that I have sought to preserve my cotton
or given the ordinary attention to my private affairs. Please learn
the facts and answer.

JEFFERSON DAVIS.

State of North Carolina, Executive Department,

Baleigh, June 12, 1862.
Hon. George W. Randolph,

Secretary of War, Richmond, Va.:
Sir: The first section of the conscription act places in the military
service of the Confederate States all the white males between the ages
of eighteen and thirty-flve years, and those in the twelve-months'
regiments are continued in the service for the war, except those over
thirty-five years, who are discharged after ninety days from the 16th
of April, and there would appear no allusion to those enlisted for the
war over thirty-five years. But in your letter to me of April 30 you
use this language :

I will accept the State troops in their present organization, to be received on
the same footing with other regiments already in the Confederate service ; the
men over thirty-flve to be discharged within ninety days from April 16, and their
places supplied with enrolled conscripts.

Now, the term " State troops" we here have always applied exclu-
sively to our first eleven regiments, which were enlisted for the war,
and have always been in the service; and the regiments about which
I had corresponded with you, and which you then alluded to as "State
troops," had but then just organized, and had volunteered for the
war (fifteen regiments). Between these we had organized and ten-
dered twenty-eight regiments for twelve months, to which the word-
ing of the conscript act clearly applied.

I don't know that you were aware that the regiments you alluded
to as "State troops" were volunteers for the war, and therefore can-
not determine whether you have decided to discharge those over
thirty-five years who have enlisted or volunteered for the war. This
decision aitects a great many of the best-drilled soldiers in our regi-
ments, who never made any calculation on a discharge till the publi-
cation of your letter of April 30, which seemed to embrace them so
plainly. If there is any error in the application of your construction
the sooner it is corrected the better, and therefore I invite your
immediate attention to it, and publish it in j'our instructions immedi-
ately. I don't know what other States are afEected by this, or to what
extent; but it produced a very serious diminution in the quota of
North Carolina troops now in service.

I have the honor to be, most respectfully,

HENRY T. CLARK.

Since writing this I have received yours of June 10, which settles
the matter by saying, " Men over thirty-five years of age in regiments
enlisted for the war are not discharged from service." This answers

CONFEDERATE AUTHORITIES. 1151

it completely, but I deem it best that you should see my letter that
you may see the error which has occurred. It was very apparent to
me that you were not aware of the meaning attached here to " State
troops." The term was used here for troops for the war in contradis-
tinction to twelve-months' volunteers, and you will see by reference
to your letter of April 30 that you directed the discharge of men in
the State troops over thirty-five. It will occasion some disappoint-
ment, but it will soon be understood. If you think any publication
necessary, your short letter to-day wiU be sufilcient. I will try to
correct this impression in our regiments.

II. T. C.

[Indorsement.]

The phrase "State troops" was intended for troops raised for State
service and turned over to the Confederate service under the provis-
ions of an act passed since the conscript law. I did not advert to the
fact that in North Carolina this promise had been given to troops
raised for the Confederate service. To them my letter was not
intended to apply.

G. W. R.

General Orders, ) War Department,

>■ Adjt. and Insp. General's Office,
No. 4.3. ) Richmond, June 13, 1862.

I. With the consent and approbation of His Excellency Governor
Letcher, all sheriffs, deputy sheriffs, and constables of the State of
Virginia are authorized and requested to apprehend deserters from
the Army, wherever they may be found, and to deliver them to an
officer of the Aimy, at the most convenient post or station, or to lodge
them in jail, and to report their names and regiments to General S.
Cooper, Adjutant and Inspector General, Richmond. Thirty doUars
will be paid for all deserters delivered to an officer, and $15 for each
deserter lodged in jail. No allowance will be made for the expenses
of apprehension and transportation. All jailers receiving deserters
are requested to detain them. The usual allowance for the support
of prisoners will be made.

II. Transfers from the line to partisan corps will not be permitted,
and if any officer of partisan corps knowingly enlist them from the
line, the authority to raise the partisan corps wiU be revoked, in addi-
tion to such punishment as a court-martial may inflict.

III. The attention of officers in command of forts and other posi-
tions is called to the necessity of making every exertion upon with-
drawal to save the ammunition and powder under their control. The
waste which has lately occurred on such occasions will, if continued,
produce great mischief and possibly irreparable loss.

IV. All officers paying bounty to volunteers before having them
examined by an Army surgeon or assistant surgeon, and duly mus-
tered into the service, will be required to refund it themselves.

V. Commanders of regiments or other corps having medical officers
will report the names of the surgeons and assistant surgeons who lose
their surgical instruments, or who from any cause appear on the field
without surgical instruments, or undertake to discharge their regi-
mental duties without them.

VI. When vacancies occur among the company officers of reorgan-
ized regiments the brigade commander will announce in orders the

1152 CORRESPONDENCE, ETC.

promotion of tlie officer next in rank in the company in which such
vacancies exist, except in the cases covered by paragraph II of Gen-
eral Orders, No. 36, current series. A copy of the order will in all
cases be furnished to this office for the approval of the Secretary
of War.
By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Special Orders, ) Adjt. and Insp. General's Office,

No. 136. j Bichmond, Jtune 13, 1862.

*******

III. All further recruiting for partisan regiments, battalions, and
companies in the Department of Henrico is hereby prohibited, and all
recruiting officers found engaged in such service will be punished if
it be continued.

*******

By command of the Secretary of War:

JNO. WITHERS,

Assistant Adjutant- General.

Headquarters Army op Northern Virginia,

June IS, 1862.
General S. Cooper,

Adjutant and Inspector General, Richmond, Va.:
General: The general commanding desires information respecting
arrangements made for procurement of conscripts in the diflferent
States to flU up the reduced ranks of regiments now in the field. Will
you oblige him by giving information respecting camps already estab-
lished, and the prospects of obtaining conscripts, if officers are sent to
those camps?

I am, general, respectfully, your obedient servant,

R. H. CHILTON,
Assistant Adjutant- General.

[Indorsement.]

June 14, 1862.
Respectfully submitted to Secretary of War with lists of camps of
instruction.

S. COOPER,
Adjutarit and Inspector General.

The following camps of instruction under the conscription act have
been established: In Virginia: At Camp Lee, Richmond, Lieutenant-
Colonel Shields commanding; at Dublin Station, Maj. James B. Dor-
man commanding. In North Carolina : At Raleigh, Maj. Peter Mallett
commanding. In South Carolina: At Columbia, Lieut. Col. John S.
Preston commanding. In Georgia (no station named): Maj. John
Dunwody commanding. In Alabama (no station yet named) : Maj.
William G. Swanson commanding. In Texas (no station yet named) :
Maj. Thomas M. Jack, commanding. In Louisiana: At Opelousas..

CONFEDERATE AUTHORITIES. 1153

Major Marigny commanding. In Florida (no station named yet):
Officer recommended by General Finegan— name not remembered.
Has he not been appointed? In Mississippi (tendered to Colonel Fal-
coner) : Not heard from. In Tennessee (suspended in East Tennes-
see): No appointment made. In Arkansas (no appointment made).
Send General Lee copies of instructions, Order No. 30, and subsequent
letter. Inform him that several regiments and companies have been
disbanded and the men between eighteen and thirty-five retained;
that officers have been authorized in many cases to enroll; that no
report of number enrolled has yet been received, although enrollment
is known to be going on.

Montgomery, Ala., June IS, 1862.
General G. T. Beaxjeegard,

Headquarters, near Corinth, Miss. :

My Dear General : When the half million of coin belonging to
the Canal Bank was seized by military authority at Jackson on the
18th ultimo I immediately sent two dispatches by reliable merchants
of New Orleans to Monroe and Shreveport, advising the detention of
the coin of the Citizens' or other banks whose coin it was said had
been taken to the latter place. On yesterday I received a letter from
Hon. C. H. Morrison, of Monroe, dated the 23d ultimo, in which he
states that he had dispatched, advising the seizure, to three or four
of the prominent and loyal citizens of Shreveport, from which I infer
that the coin at that place will be seized. The bank presidents did
agree with General Butler in good faith to bring their coin back to
their vaults, as the copies of correspondence in my possession between
them and General Butler proves, to the lasting shame of those gen-
tlemen. All the coin of the banks that was sent out of the city on
the left bank of the Mississippi is in possession of the Government,
or placed beyond the possibility of being carried to the city. I depos-
ited here on the 30th ultimo to the credit of the Secretary of the Treas-
ury $1,700,000, which included the coin seized at Columbus, Miss.,
and $500,000 seized at Jackson. The coin in the Bank of Louisiana,
§2,500,000, had already been taken to Columbus, Ga., by permission
of the Government.

With best wishes for your health, I remain, very respectfully, your
obedient servant,

F. H. HATCH.

[June 13, 1862. — For Moore to Randolph, in relation to the organ-
ization of partisan rangers in Louisiana, see Series I, Vol. LIII, p. 813.]

Headquarters Camp of Instruction,

Columbia, S. C, June 13, 1862.
General Cooper,

Adjutant and Inspector General C. S. Army, Richmond, Va.:

General : I am daily expecting the conscript enrollment made by

the State authorities to be handed to me. It is made according to

State laws, differing materially from Confederate laws. Referring to

my notes of the 5th and 6th, I ask, shall I accept the enrollment thus

73 R R— series IV, vol I

1154 CORRESPONDENCE, ETC.

made? If not, shall I proceed instantly to employ Confederate
officers to make the enrollment? Should you make the order for this
proceeding I request that you will order the oflQcers at once to report
to me. I venture to suggest that I can make the enrollment in this
way and get forward the conscripts as early as by accepting the roll,
and at less expense to the Government and less inconvenience to the
people.

I have the honor to be, very respectfully, your obedient servant,

JNO. S. PRESTON,
Lieutenant-Colonel, Commanding Camp of Instruction.

Atlanta, June 17, 1862.
Hon. G. W. Randolph,

Secretary of War:
Your enrolling officers have enrolled several of the State officers of
the militia, who will not be permitted to be carried away from their
commands. You stated in your letter of the 20th [ultimo] that no
State officer is liable to enrollment, and asked me to call your atten-
tion to it if done. Please send me by telegraph an order for release
of all such who have been enrolled, and direct Major Dunwody to
stop the enrollment of State officers, or I shall order the arrest of each
officer who arrests a State officer. I wish an immediate reply.

JOS. E. BROWN.
(Repeated June 19 from Marietta, Ga.)

Richmond, June 17, 1862.
His Excellency Governor Brown,

Atlanta :
Members of the companies who were in the State service on the 16th
of April will not be interfered with. I have no aiithority to exempt
from enrollment persons between eighteen and thirty-five years of age
who were not in the State service on that day, unless they are execu-
tive or judicial officers.

G. W. RANDOLPH,

Secretary of War.

General Orders, ) War Department,

>■ Adjt. and Insp. General's Office,
No. 44. ) Richmond, Jume 17, 1862.

I. At the expiration of their term of service all paroled prisoners
who are not enlisted for the war will have their names dropped from
the muster-rolls and will be discharged the service of the Confederate
States. The commissions of the officers will expire with the terms of
their men.

II. No persons, other than those authorized by the commanding gen-
eral of an army or the commanding officers of districts under martial
law, shall be recognized as agents for taking possession of private
property. These agents, before making any impressments, shall pre-
sent their written authority, and when they take property their
receipts shall designate the officer who is to pay for it.

CONFEDEEATE AUTHORITIES. 1155

III. Congress having conferred on the President the right, during
the existing war, "to take such control of the lines of telegraph in
the Confederate States, and of such offices connected therewith as
will enable him efEectually to supervise the communications passing
through the same," and to exercise other powers in reference to tele-
graph lines, and the President having charged the Postmaster-General
with the discharge of these duties, requisitions for building lines, the
establishment and discontinuance of offices, the appointment of oper-
ators and agents, the disposition of material, &c. , must be addressed
to the Postmaster-General, and officers are prohibited from exercising
these powers.

IV. To prevent misconception in reference to the discharge of men
under eighteen and over thirty-five years of age, under the conscript
act, the Army is informed that only such persons as have not re-en-
listed for three years or the war will be entitled to their discharge on
the 16th of July next. Those of the ages above mentioned who have
so re-enlisted, whether they are in twelve-months' regiments or war
regiments, are not entitled to discharge until they have served out
their term of enlistment.

V. Regimental medical officers, when in charge of patients brought
to general hospitals or in the vicinity of the same, will turn them over
to the surgeons in charge and return without delay to their legitimate
duties.

By command of the Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Richmond, June 18, 1862.
His Excellency Governor Brovfn,

Atlanta, Ga.:
Major Dunwody has been directed not to enroll militia officers
recognized by State authorities as in commission. Request him to
show you his instructions. If you attempt to get men to fill up the
Georgia regiments now, in the face of the enemy, you will cause great
mischief. I think we might as well drive out our common enemy
before we make war on each other.

G. W. RANDOLPH,

Secretary of War.

Richmond, June 20, 1862.
His Excellency Governor Brown,

Marietta, Ga.:
I telegraphed, in reply to your first telegram, that I had ordered
Major Dunwody not to enroll any militia officer recognized as in com-
mission by the State authorities; that you might see his instructions
if you wished; that you would cause great mischief by arresting men
engaged in filling the ranks of Georgia regiments in the face of the
enemy, and that we had better get rid of our common enemy before
we commence a war upon each other. ^^^ ^ RANDOLPH,

Secretary of War.

1156 CORRESPONDENCE, ETC.

Atlanta, June 21, 1862.
His Excellency Jefferson Davis,

President, &c.:
Dear Sir: I have the honor to acknowledge the receipt of your let-
ter of the 29th ultimo in reply to mine of the 8th of the same month,
which reached my office at Milledgeville on the 8th instant, together
with a copy of the written opinion of the Attorney-General, and has
since been forwarded to me at Canton, where I was detained by family
affliction. Your reply, prepared after mature deliberation and consul-
tation with a Cabinet of distinguished ability who concur in your view
of the constitutionality of the conscription act, doubtless presents the
very strongest argument in defense of the act of which the case is sus-
ceptible. Entertaining as I do the highest respect for your opinions
and those of each individual member of your Cabinet, it is with great
diffidence that I express the conviction, which I still entertain after a
careful perusal of your letter, that your argument fails to sustain the
constitutionality of the act ; and that the conclusion at which you have
arrived is maintained by neither the contemporaneoxis construction put
upon the Constitution by those who made it, nor by the practice of the
United States Government under it during the earlier and better days
of the Republic, nor by the language of the instrument itself, taking
the whole context and applying to it the well-established rules by which
all constitutions and laws are to be construed. Looking to the magni-
tude of the rights involved and the disastrous consequences which I
fear must follow what I consider a bold and dangerous usurpation by
Congress of the reserved rights of the States and a rapid stride toward
military despotism, I very much regret that I have not in the prepara-
tion of this reply the advice and assistance of a number equal to your
Cabinet of the many eminent citizens who, you admit, entertain with
me the opinion that the conscription act is a palpable violation of the
Constitution of the Confederacy. Without this assistance, however, I
must proceed individually to express to you some views in addition to
those contained in my former letters and to reply to such points made
by you in the argument as seem to my mind to have the most plausibility
in sustaining your conclusion. The sovereignty and independence of
each one of the thirteen States at the time of the adoption of the Con-
stitution of the United States will not, I presume, be denied by any,
nor will it be denied that each of these States acted in its separate
capacity as an independent sovereign in the adoption of the Constitu-
tion. The Constitution is therefore a league between sovereigns. In
order to place upon it a just construction we must apply to it the rules
which by common consent govern in the construction of all written
constitutions and laws. One of the first of these rules is to inquire
what was the intention of tliose who made the Constitution. To enable
us to learn this intention it is important to inquire what they did and
what they said they meant when they were making it. In other words,
to inquire for the contemporaneous construction put upon the instru-
ment by those who made it and the explanations of its meaning by
those who proposed each part in the convention which induced the con-
vention to adopt each part. I incorporated into my last letter a num-
ber of quotations from the debates of prominent members of the con-
vention upon the very point in question, showing that it was not the
intention of the convention to give to Congress the unlimited control
of all the men able to bear arms in the States, but that it was their
intention to reserve to the States the control over those who composed
their militia by retaining to the States the appointment of the officers

CONFEDERATE ADTHORITIES. 1157

to command them even while employed in the service of the Confeder-
ate States. I might add many other quotations containing strong
proofs of this position from the debates of the Federal convention
and the action of the State conventions which adopted the Constitu-
tion, but I deem it unnecessary, as you made no allusion to the con-
temporaneous construction in your reply and I presume you do not
insist that the explanations of its meaning given by those Avho made
it sustain your conclusion. I feel that I am fully justified by the
debates and the action of the Federal and State conventions in saying
that it was the intention of the thirteen sovereigns to constitute a
common agent with certain specific and limited powers to be exercised
for the good of all the principals, but that it was not the intention to
give the agent the power to destroy the principals. The agent was
expected to be rather the servant of several masters than the master
of several servants. I apprehend it was never imagined that the
time would come when the agent of the sovereigns would claim the
power to take from each sovereign every man belonging to each able
to bear arms and leave them with no power te execute their own laws,
suppress insurrections in their midst, or repel invasions.

In reference to the practice of the United States Government under
the Constitution, I need only remark that I do not presume it will be
contended that Congress claimed or exercised the right to compel
persons constituting the militia of the States by conscription or com-
pulsion to enter the service of the General Government without the
consent of their State government at any time while the Government
was administered or its councils controlled by any of the fathers of
the Republic who aided in the formation of the Constitution. If,
then, the constitutionality of the conscription act cannot be estab-
lished by the contemporaneous construction of the Constitution nor
by the earlier practice of the Government while administered by those
who made the Constitution, the remaining inquiry is, can it be estab-
lished by the language of the instrument itself, taking the whole con-
text and applying to it the usual rules of construction which were
generally received and admitted to be authoritative at the time it was
made. The Constitution in express language gives Congress the
power to raise and support armies. You rest the case here and say
you know of biit two modes of raising armies, to wit, by voluntary
enlistment and by draft or conscription, and you conclude that the
Constitution authorizes Congress to raise them by either or both these
modes. To enable us to arrive at an intelligent conclusion as to the
meaning intended to be conveyed by those who used this language it
is necessary to inquire what signification was attached to the terms
used at the time they were used; and it is fair to infer that those who
used them intended to convey to the minds of others the idea A^hich
was at that time usually conveyed by the language adopted by them.
Apply this rule and what did the convention mean by the term to
raise armies? I prefer that the Attorney-General should answer.
He says in his written opinion :

Inasmuch as the words militia, armies, regular troops, and volunteers had
acquired a definite meaning in Great Britain before the Revolutionary War, and
as we have derived most of our ideas on this subject from that source, we may
safely conclude that the term militia in our Constitution was used in the sense
attached to it in that country.

Upon this statement of the Attorney-General rests his definition of
the term militia, which is an English definition; and upon that defini-
tion rests all that part of your argument which draws a distinction,

1158 COERESPONDENCE, ETC.

however unsubstantial, between calling forth the militia by authority of
Congress, and calling forth all men in the State .who compose the
militia by the same authority. In the one case you term it calling
forth the militia and admit that the State has the right to appoint
the officers; in the other case while every man called forth may be the
same you term it raising an army and deny to the State the appoint-
ment of the officers. As this is necessary to sustain the constitution-
ality of the conscription act you cannot disapprove the statement of
the Attorney-General above quoted. If, then, the Attorney-General
is right that the terms militia, armies, regular troops, and volunteers
had acquired a definite meaning in Great Britain before the Revolu-
tionary War and we have derived most of our ideas on this subject
from that source, and if we may safely conclude that the term militia
in our Constitution was used in the sense attached to it in that coun-
try, is it not equally safe to conclude that the terms armies and to
raise armies, having acquired a definite meaning in Great Britain
before the Revolutionary War, were used in our Constitution in the
same sense attached to them in that country? At that period the
Government Of Great Britain had no conscription act and did not raise
armies by conscription; therefore the convention which made our
Constitution having derived most of their ideas on this subject from
that source, it is safe to conclude that thej' used the term to raise
armies in the sense attached to it in that country. It necessarily fol-
lows, the Attorney-General being the judge, that your conclusion is
erroneous and that Congress has no power to raise armies, not even
her regular armies, by conscription. But as those who framed the
Constitution foresaw that Congress might not be able by voluntary
enlistment to raise regular or standing armies sufficiently large to
meet all emergencies or that the people might refuse to vote supplies
to maintain in the field armies so large and dangerous, they wisely
provided in connection with this grant of power another relating to
the same subject-matter and gave Congress the additional power to
call forth the militia to execute the laws of the Confederate States,
suppress insurrections, and repel invasions. In this connection I am
reminded by your letter that Congress has power to declare war, which
you say embraces the right to declare offensive as well as defensive
war; and you argue, as I understand, that the militia can only be
called forth to repel invasions and not to invade a foreign power, and
that Congress would be powerless to redress our wrongs or vindicate
our honor if it could not raise armies by conscription to invade for-
eign powers. If this were even so it might be an objection to the
constitutional government for want of sufficient'strength, which is
an objection often made by those who favor more absolute power in
the General Government and who attempt by a latitudinarian con-
struction of the Constitution to supply powers which were never
intended to be given to it. But does the practical difficulty which
you suggest in fact exist ? I maintain that it does not. And I may
here remark that those who established the Government of our fathers
did not look to it as a great military power whose people were to live
by plundering other nations in foreign aggressive war, but as a peace-
ful Government, advised by the Father of his Country to avoid
entangling alliances with foreign powers. But you suppose after our
independence is established that our present enemy may be tempted
to abuse his naval power by depredation on our commerce and that
we may be compelled to assert our rights by offensive war, and you

CONFEDERATE AUTHORITIES. 1159

ask, "How is it to be carried on? Of what is the army to be com-
posed ? " The answer is a very simple one. If the aggression is such
as to justify us in the declaration of offensive war, our people will
have the intelligence to know it and the patriotism and valor to prompt
them to respond by voluntary enlistment and to offer themselves under
officers of their own choice, through their State authorities, to the Con-
federacy, just as they did in the offensive war against Mexico when
man J' more were offered than were needed, without conscription or coer-
cion; and just as they have done in our present defensive war when
almost every State has responded to every call by sending larger num-
bers than were called for and larger than the Government can arm
and make effective.

There is no danger that the honor of the intelligent free-born citi-
zens of this Confederacy will ever suffer because the Government has
not the power to compel them to vindicate it. They will hold the
Government responsible if it refuses to permit them to do it. To
doubt this would seem to be to doubt the intelligence and patriotism of
the people and their competency for self-government. It would be very
dangerous indeed to give the General Government the power to
engage in an offensive foreign war, the justice of which was con-
demned by the governments of the States and the intelligence of the
people, and to compel them to prosecute it for two years, the term for
which appropriations can be made and continued by the Congress
declaring it. Hence the wisdom of our ancestors in limiting the
power of Congress over the militia or great body of our people so as
to prohibit the prosecution by conscription or coercion of an offensive
foreign war which may be condemned by an intelligent public opinion.
France has a conscription act, which Great Britain has not. Both are
warlike powers, often engaged in foreign offensive wars. What
advantage has the conscription law given to France over Great
Britain ? Has not the latter been as able as the former to raise armies
sufficient to vindicate her honor and maintain her rights? When
France had no conscription law at one period of her history she was a
republic. Soon after she had a conscription law she became an
empire and her ruler an emperor, leaving her people without the con-
stitutional safeguards which protect the people of Great Britain. But
you ask, "Shall we never be plaintiff in this terrible litigation of
nations?" If the litigation commends itself to the intelligence of the
people as just, they will not hesitate to put themselves at the com-
mand of the Government to assume the plaintiff's position. The
eagerness with which the people of the Confederacy now desire that
we assume the plaintiff's position and become the attacking and
invading party, instead of acting constantly upon the defensive, is
evidence to sustain my conclusion on this point. That those who
framed the Constitution looked to a state of war as tending to concen-
trate the power in the Executive, and as unfavorable to constitutional
liberty and did not intend to encoxirage it, unless in cases of absolute
necessity, and did not, therefore, form the Government with a view
to its becoming a power often engaged in offensive war, may be
inferred from the language of Mr. Madison. He says:

War is in fact the true nurse of Executive aggrandizement. In war a physical
force is to be created and it is the Executive will which is to direct it. In war
the public treasures are to be unlocked and it is the Executive hand which isto
dispense them. In war the honors and emoluments of ofiSce are to be multiplied
and it is the Executive patronage under which they are to be enjoyed. It is in
war, finally, that laurels are to be gathered and it is the Executive brow they are

1160 CORRESPONDENCE, ETC.

to encircle. The strongest passions and most dangerous weaknesses of the
human breast— ambition, avarice, vanity, the honorable or venial love of fame-
are all in conspiracy against the desire and duty of peace. (See Federalist,
p. 452.)

In connection with this remark of Mr. Madison, it may not be amiss
to add one from Mr. Calhoun. That great and good man, who may
justly be styled the champion of State rights and constitutional lib-
erty, in the first volume of his works, page 361, while speaking of the
war which was forced upon Mr. Madison, while President, by Great
Britain, says:

It did more, for the war, however just and necessary, gave a strong impulse
adverse to the Federal and favorable to the national line of policy. This is indeed
one of the unavoidable consequences of war and can be counteracted only by
bringing into full action the negatives necessary to the protection of the reserved
powers. These would of themselves have the effect of preventing wars so long as
they could be honorably and safely avoided, and, when necessary, of arresting, to
a great extent, the tendency of the Oovernment to transcend the limits of the Con-
stitution during its prosecution and of correcting all departures after its termina-
tion. It was by force of the tribunitial power that the plebeians retained for so
long a period their liberty in the midst of so many wars.

I beg to call special attention to the portions of the above quotation
which I have italicized. Having rested the constitutionality of the
conscription act upon the power given to Congress to raise armies, you
enunciate a doctrine which, I must be pardoned for saying, struck me
with surprise ; not that the doctrine was new, for it was first proclaimed
I believe almost as strongly by Mr. Hamilton in the Federalist, but
because it found an advocate in you, whom I had for many years
regarded as one of the ablest and boldest defenders of the doctrines
of the State rights school in the old Government. Your language is :

I hold that when a specific power is granted by the Constitution, like that now
in question, to raise armies, Congjress is the judge whether the law passed for the
purpose of executing that power is necessary and proper.

Again you say:

The true and only test is to inquire whether the law is intended and calculated
to carry out the object, whether it devises and creates an instrumentality for exe-
cuting the specific power granted ; and if the answer be in the affirmative, the law
is constitutional.

From this you argue that the conscription act is calculated and
intended to raise armies, and therefore constitutional. I am not awai'e
that the proposition was ever stated more broadly in favor of unre-
strained Congressional power by Webster, Story, or any other states-
man or jurist of the Federal school. This is certainly not the doc-
trine of the Republican party of 1798 as set forth in the Virginia and
Kentucky resolutions. The Virginia resolutions use the following
language, that —

It (the General Assembly of Virginia) views the powers of the Federal Govern-
ment as resulting from the compact to which the States are parties, as limited by
the plain sense and intention of the instrument constituting that compact, as no
further valid than they are authorized by the grants enumerated in that compact ;
and that in case of a deliberate, palpable, and dangerous exercise of other powers
not granted by said compact, the States who are parties thereto have the right and
are in duty bound to interpose for arresting the progress of the evil, and for main-
taining within their respective limits the authorities, rights, and liberties apper-
taining to them. That the General Assembly doth also express its deep regret
that a spirit has in sundry instances been manifested by the Federal Government
to enlarge its powers by a forced construction of the constitutional charter which
defines them ; and that indications have appeared of a design to expound certain
general phrases — which, having been copied from the very limited grant of pow-
ers in the former articles of confederation, were the less liable to be miscon-
strued—so as to destroy the meaning and effect of the particular enumeration

CONFEDERATE AUTHORITIES. 1161

which necessarily explains and limits the general phrases so as to consolidate the
States by degrees into one sovereignty, the obvious tendency and inevitable result
of which would be to transform the present republican system of the United States
into an absolute, or at least a mixed, monarchy.

The following quotations are from the Kentucky resolutions, drawn
up by Mr. JefiEerson himself (the italics as in the last quotation are
my own) :

That the several States composing the United States of America are not united
on the principle of unlimited submission to the General Government, but that by
a compact under the style and title of a Constitution of the United States and of
amendments thereto they constituted a General Government for special purposes —
delegated to that Government certain definite powers, reserving each State to itself
the residuary mass of right to their own self-government ; that whensoever the
General Government assumes undelegated powers its acts are unauthoritative,
void, and of no force ; that to this compact each State acceded as a State and
is an integral party, its co-States forming as to itself the other party ; that the
Government created by this compact was not made the exclusive or final Judge of
the extent of the powers delegated to it, since that would have made its discretion
and not the Constitution the measure of its powers ; but that, as in all other cases
of compact among parties having no common judge, each has an equal right to
judge for itself as well of infractions as of the mode ana measure of redress.

And again:

That the construction applied by the General Government (as evinced by sundry
of their proceedings) to those parts of the Constitution of the United States which
delegate to Congress a power to lay and collect taxes, duties, imposts, and excises ;
to pay the debts and provide for the common defense and general welfare of the
United States, and to make all laws necessary and proper for carrying into execu-
tion the powers vested by the Constitution in the Government of the United
States or any Department thereof, goes to the destruction of all the limits pre-
scribed to their power by the Constitution; that words meant by that instrument
to be subsidiary only to the execution of the limited powers ought not to be so con-
strued as themselves to give unlimited powers, nor a part so to be taken as to
destroy the whole residue of the instrument.

But let us examine your doctrine a little further and see whether it
can be reconciled to the construction lately put upon the Constitution
by the States composing the Confederacy over which you preside, and
the action lately taken by them. The Constitution of the United
States gives Congress the power to provide for calling forth the
militia to suppress insurrections. Carry out youi doctrine and Con-
gress must, of course, be the judge of what constitutes an insurrec-
tion as well as of the means necessary and proper to be used in
executing the specific powers given to Congi'ess to suppress it.
Georgia, claiming that the Congress of the United States had abused
the specific powers granted to it and passed laws which were not nec-
essary and proper in executing these specific powers .which were
injurious to her people, and claiming to be herself the judge, seceded
from the Union. Congress denied her power or light to do so, and
acting upon the doctrine laid down by you, Congress, claiming to be
the judge, proceeded to adjudicate the case and determined that the
action of Georgia amounted to an insurrection and passed laws for
its suppression. Among others they have passed a law, if we may
credit the newspapers, which authorizes the President to arm our
negi'oes against us. Congress will no doubt justify this act under
the specific power given to it by the Constitution to raise armies, as
the armies as well as the militia may be used to suppress insurrec-
tion and execute the laws. Apply the test laid down by you and
inquire, is this law calculated and intended to carry out the object —
the suppression of the insurrection and the execution of the laws of
the United States in Georgia? And does it devise and create an
instrumentality for executing the specific power granted? Congress,

1162

the judge, answers the question in the affirmative. Therefore the law
is constitutional. Again, suppose you are right and Congress has the
constitutional power to raise armies by conscription and without the
consent of the States to compel every man in the Confederacy between
eighteen and thirty-five years old, able to bear arms, to enter these
armies, you must admit that Congress has the same power to extend
the law and compel every man between sixteen and sixty to enter.
And you must admit that the grant of power is as broad in times of
peace as in times of war, as there is in the grant no language to limit
it to times of war. It follows that Congress has the absolute control
of every man in the State whenever it chooses to execute to the full
extent the power given it by the Constitution to raise armies. How
easy a matter it would have been, therefore, had the Congress of the
United States understood the full extent of its .power, to have pre-
vented in a manner perfectly constitutional the secession of Georgia
and Mississippi from the Union. It was only necessary to pass a con-
scription law declaring every man in both States able to bear arms to
be in the military service of the United States and that each should
be treated as a deserter if he refused to serve; and that Congress, the
judge, then decide this law was necessary and proper and that it
created an instrumentality for the execution of one of the specific
powers granted to Congress to provide for the execution of the laws
of the Union in the two States or to provide for raising armies. This
would have left the States without a single man at their command ;
without the power to organize or use military force and without free
men to constitute even a convention to pass an ordinance of secession.
If it is said the people of the States would have refused to obey this
law of Congress and would have gone out in defiance of it, it may be
replied that this would have been revolution and not peaceful seces-
sion, the right for which we have all contended — though our enemies
have not permitted us to part with them in peace — the right for which
we are now fighting. Your doctrine carried out not only makes Con-
gress supreme over the States at any time when it chooses to exercise
the full measure of its power to raise armies, but it places the very
existence of the State governments subject to the will of Congress.
The conscription act makes no exception in favor of the officers neces-
sary to the existence of the State government, but in substance declares
that they shall all enter the service of the Confederacy at the call of
the President under officers which are in future to be appointed by
the President. As already remarked. Congress has as much power to
extend the act to embrace all between sixteen and sixty as it had to
take all between eighteen and thirty-five. If the act is constitutional,
it follows that Congress has the power to compel the Governor of every
State in the Confederacy, every member of every Legislature of every
State, every judge of every court in every State, every officer of the
militia of every State and all other State officers to enter the military
service as privates in the armies of the Confederacy under officers
appointed by the President at any time when it so decides. In other
words. Congress may disband the State governments any day when it,
as the judge, decides that by so doing it creates an instrumentality for
executing the specific power to raise armies. If Congress has the
right to discriminate and take only those between eighteen and thirty-
five, it has the right to make any other discrimination it may judge
necessary and proper in the execution of the power, and it may pass
a law in time of peace or war, if it should conclude the State govern-
ments are an evil, that all State officers, executive, legislative, judicial,

CONFEDERATE AUTHORITIES. 1163

and military, shall enter the armies of the Confederacy as privates
under officers appointed by the President, and that the Army shall
from time to time be recruited from other State officers as they may be
appointed by the States. To state the case in different form : Congress
has the power under the twelfth paragraph of the eighth section of
the first article of the Constitution to disband the State governments
and leave the people of the States with no other government than such
military despotism as Congress in the exercise of the specific power to
raise armies (which I understand you to hold is a distinct power to be
construed separately) may, after an application of your test, judge to
be best for the people. For, as all the State officers which I mention
might make effective privates in the armies of the Confederacy and as
the law passed to compel them to enter the service might create an
instrumentality for executing the specific power to raise armies, Con-
gress, the judge, need only so decide and the act would be constitu-
tional. I may be reminded, however, that Congress passed an exemp-
tion act after the passage of the conscription act, which exempts the
Governors of the States, the members of the State Legislatures, the
judges of the State courts, &c. , from the obligations to enter the military
service of the Confederacy as privates under Confederate officers. It
must be borne in mind, however, that this very act of exemption by
Congress is an assertion of the right vested in Congress to compel
them to go when Congress shall so direct, as Congress has the same
power to repeal which it had to pass the exemption act. All the State
officers, therefore, are exempt from conscription by the grace and special
favor of Congress and not by right, as the governments of the inde-
pendent States whose agent and not master Congress has been erro-
neously supposed to be. If this doctrine be correct, of what vahie are
State rights and State sovereignty? In my former letter I insisted
under the general rule that the twelfth, fifteenth, and sixteenth para-
graphs of the section under consideration, all relating to the same sub-
ject-matter, should be construed together. While your language on
this point is not so clear as in other parts of your letter, I understand
you to take issue with me here. You say:

Nothing can so mislead as to construe together and as one whole the carefully-
separated clauses which define the difiEerent powers to he exercised over distinct
subjects by Congress.

These are not carefully separated clauses which relate to different
powers to be exercised over distinct subjects. They all relate to the
same subject-matter, the authority given to Congress over the ques-
tion of war and peace. Thej" all relate to the use of armed force by
authority of Congress. If, therefore. Coke, Blackstone, and Mans-
field, of England, and Marshall, Kent, and Story, of this country, with
all other intelligent writers on the rules of construction, are to be
respected as authority, there can, it would seem, be no doubt of the
correctness of the position that these three paragraphs, together
with all others in the Constitution which relate to the same subject-
matter, are to be construed together as one whole. Construe them
together and the general language in one paragraph is so qualified by
another paragraph upon the same subject-matter that all can stand
together, and the whole when taken together establishes to my mind
the unsoundness of your argument and the fallacy of your conclusion.
But I must not omit to notice your definition of the term militia and
the deductions which you draw from it. You adopt the definition of
the Attorney-General that the militia are a body of soldiers in a State
enrolled for discipline. Admit, for the purpose of the argument, the

1164 CORRESPONDENCE, ETC.

correctness of the definition. All persons, therefore, who are enrolled
for discipline under the laws of Georgia constitute her militia. When
the persons thus enrolled (the militia) are employed in the service of
the Confederate States the Constitution expressly reserves to Georgia
the appointment of the oflcers. The conscription act gives the Presi-
dent the power by compulsion to employ every one of those persons
between eighteen and thirty-five in the service of the Confederate
States and denies to the State the appointment of a single officer to
command them while thus employed. Suppose Congress at its next
session should extend the act so as to embrace all between eighteen and
forty-five, what is the result ? The body of soldiers in the State enrolled
for discipline are every man employed in the service of the Confed-
eracy and the right is denied to the State to appoint a single officer,
when the Constitution says she shall appoint them all. Is it fair to
conclude, when the States expressly and carefully reserved the control
of their own militia by reserving the appointment of the officers to
command them, that they intended under the general grant of power
to raise armies to authorize Congress to defeat the reservation and
control the militia with their officers by calling the very same men into
the field, individually and not collectively, organizing them according
to its own will, and terming its action raising an army and not calling
forth the militia ? Surely the great men of the Revolution, when they
denied to the General Government the appointment even of the general
officers to command the militia when employed in the service of the
Confederacy, did not imagine that the time would come so soon when
that Government, under the power to raise armies, would claim and
exercise the authority to call into the field the whole militia of the
States individually, and deny to the States the appointment of the
lowest lieutenant, and justify the act on the ground that Congress did
not choose to call them into service in their collective capacity, and
deny that they were militia if called into service in any other way.
If Congress has the power to call foi'th the whole enrolled force or
militia of the States in the manner provided by the conscription act
there is certainly no obligation upon Congress ever to call them forth
in any other manner, and it rests in the discretion of Congress whether
or not the States shall ever be permitted to exercise their reserved
right, as Congress has the power in every case to defeat the exercise
of the right by calling forth the militia under a conscription act and
not by requisitions made upon the States. It cannot be just to charge
the States with the folly of making this important reservation, subject
to any such power in Congress to render it nugatory at its pleasure.
Again you say:

Congress may call forth the militia to execute Confederate laws ; the State has
not surrendered the power to call them forth to execute State laws. Congress
may call them forth to repel invasion ; so may the State, for it has expressly
reserved this right. Congress may call them forth to suppress insurrection, and
so may the State.

If the conscription law is to control, and Congress may, without the
consent of the State government, order every man composing the militia
of the State out of the State into the Confederate service, how is the State
to call forth her own militia, as you admit she has reserved the right
to do, to execute her own laws, suppress an insurrection in her midst,
or repel an invasion of her own territory ? Could it have been the
intention of the States to delegate to Congress the power to take from
them, without their consent, the means of self-preservation by depriv-
ing them of all the strength upon which their very existence depends?

CONFEDERATE AUTHORITIES. 1165

After laying down the position that the citizens of a State are not her
militia and aifirming that the militia are a body organized by law, you
deny that the militia constitute any part of the land or naval forces,
and say they are distinguished from the land and naval forces; and
you further say they have always been called forth as bodies organized
by the States with their oflcers; that they do not become part of the
armies raised by Congress, but remain militia ; and that when they had
been called forth and the exigencies which provoked the call had passed,
they went home again. The militia when called forth are taken from
the body of the people to meet- an emergency or to repel invasion.
If they go in as bodies organized by the States, you hold that they go
in militia, remain militia, and when the exigency is passed they go
home militia; but if you call forth the same men by the conscription
act for the same purpose and they remain for the same length of time
and do the same service they are not militia, but the armies of the
Confederacy, part of the land or naval force. In connection with this
part of the subject you use the following language :

At the present moment, when our very existence is threatened by armies vastly
superior in numbers to ours, the necessity for defense has induced a call, not for
the whole militia of all the States, not for any militia, but for men to compose
armies for the Confederate States.

In the midst of such pressing danger why was it that there was no
necessity for any militia ? In other words, no necessity for any bodies
of men organized by the States, as were many of the most gallant
regiments now in the Confederate service, who have won on the battle-
field a name in history and laurels that can never fade ? Were no
more such bodies organized by the States needed because the material
remaining within the States of which they must be composed was not
reliable ? The conscription act gives you the very same material. Was
it because the ofBcers appointed by the States to command the gallant
State regiments and other organized bodies sent by the States were
less brave or less skillful than the officers appointed by the President
to command similar organized bodies? The officers appointed by the
States who now command regiments in the service will not fear to
have impartial history answer this question. Was it because you
wished select men for the armies of the Confederacy? The conscrip-
tion act embraces all without distinction between eighteen and thirty-
five able to do military duty and not legally exempt. You do not
take the militia. What do you take? You take every man between
certain ages of whom the militia is composed. What is the difference
between taking the militia and taking all the men who compose the
militia? Simply this: In one case you take them with, their officers
appointed by the States as the Constitution requires, and call them
by their proper name, militia, employed in the service of the Confed-
erate States; in the other case you take them all as individuals, get
rid of the State officers, appoint officers of your own choice, and call
them tlie armies of the Confederacy. And yet these armies, like you
say the militia do, will go home when the exigency has passed, as it
is hoped they are not expected to be permanent like the regular armies
of the Confederacy, or, in other words, like the land and naval forces
provided for in the Constitution, from which you distinguish the
militia. Indeed, the similarity between these armies of the Confed-
eracy called forth in an emergency to repel an invasion, to be dis-
banded when the emergency is passed, and the militia or bodies of
troops organized and officered by the States, called forth for the same
purpose, to be composed of the same material, and disbanded at the

1166 CORRESPONDENCE, ETC.

same time, is most remarkable in everything except the name and
the appointment of the officers. Excuse me for calling your atten-
tion to another point in this connection. As you admit that the
militia have always been called forth as bodies organized by the
States, and when thus called forth that the States have always
appointed the officers, I presume you will not deny that when the
President, by authority of Congress, has made a call upon the State
for organized bodies of soldiers and they have been furnished by the
State from the body of her people, they have entered the service as
part of the militia of the State employed in the service of the Con-
federate States under the fifteenth and sixteenth paragraphs of the
eighth section of the first article of the Constitution. Your message
to Congress recommending its passage shows that there was no neces-
sity for the act to enable you to get troops, as you admit that the
Executives of the States had enabled you to keep in the field adequate
forces, and also that the spirit of resistance among the people was
such that it needed to be regulated and not stimulated. You say :

I am happy to assure you of the entire harmony of purpose and cordiality of
feeling wMch have continued to exist between myself and the Executives of the
several States, and it is to this cause that our success in keeping adequate forces
in the field is to be attributed.

Again you say:

The vast preparations made by the enemy for a combined assault at numerous
points on our frontier and sea-coast have produced the result that might have
been expected. They have animated the people with a spirit of resistance so
general, so resolute, and so self-sacrificing that it requires rather to be regulated
than to be stimulated.

If, then, the Executives of the States by their cordial co-operation
had enabled you to keep in the field adequate forces, and the spirit
of resistance was as high as you state, there was no need of a con-
scription act to enable you to raise armies. Since the invasion of the
Confederacy by our present enemy you have made frequent calls
upon me as Governor of this State for organized bodies of troops. I
have responded to every call, and sent them as required, organized
according to the laws of the State and commanded by officers appointed
by the State, and in most instances fully armed, accoutered, and
equipped. These bodies were called forth to meet an emergency and
assist in repelling an invasion. The emergency is not yet passed, the
invasion is not yet repelled, and they have not yet returned home.
If your position be correct they constitute no part of the land or
naval forces, as they were not organized nor their officers appointed
by the President, as is the case with the armies of the Confederacy, but
they were called forth as bodies organized and their officers appointed
by the States. Hence they are part of the militia of Georgia
employed in the service of the Confederate States, as provided by the
two paragraphs of the Constitution above quoted, and by paragraph
16 of section 9 of the first article, which terms them militia in actual
service in time of war or public danger. They entered the service
with only the training common to the citizens of the State. They are
now well-trained troops. But having gone in as bodies organized by
the State or as militia, you say they remain militia and go home
militia. In this case we seem to agree that the State under the
express reservation in the Constitution has the right to appoint the
officers. I have the written opinion of Mr. Benjamin, then Secretary
of War, about the time of the last call for twelve regiments, concur-
ring in this view and recognizing this right of the State. And it is

CONFEDERATE AUTHORITIES. 1167

proper tliat I should remark that the State has in each case been per-
mitted to exercise this right when the troops entered the service in
compliance with a requisition upon the State for organized bodies of
troops. The right does not stop here, however. The Constitution
does not say the State shall appoint the offtcers while the organiza-
tions may be forming to enter the service of the Confederacy, but
while they may be employed in the service of the Confederate States.
Many thousands are now so employed. Vacancies in the dif-
ferent offices are frequently occurring by death, resignation, &c.
The laws of this State provide how these vacancies are to be flUed,
and it is not to be done by promotion of the officer next in rank,
except in a single instance, biit by election of the regiment and com-
mission by the Governor. The right of the State to appoint ^ these
ofl&cers seems to be admitted, and is indeed too clear to be ques-
tioned. The conscription act, if it is to be construed according to its
language and the practice which your generals are establishing under
it, denies to the State the exercise of this right, and prescribes a rule
for selecting all officers in future unknown to the laws of Georgia,
and confers upon the President the power to commission them. Can
this usurpation (I think no milder term expresses it faithfully) be
justified under the clause in the Constitution which gives Confess
power to raise armies ? And is this part of the act constitutional?
If not, you have failed to establish the constitutionality of the con-
scription act.

The fourteenth paragraph of the ninth section of the first article
of the Constitution of the Confederate States declares that "a well-
regulated militia being necessary to the security of a free State, the
right of the people to keep and bear arms shall not be infringed."
This was no part of the original Constitution as reported by the con-
vention and adopted by the States. But the convention of a number
of the States having at the time of their adopting the Constitution
expressed a desire, in order to prevent misconstruction or abuse of
its powers, that further declaratory and restrictive clauses should be
added. Congress at the session begun and held at the city of New
York on Wednesday, the 4th of March, 1789, proposed to the Legis-
latures of the several States twelve amendments, ten of which only
were adopted. The second amendment was the one above quoted,
which shows very clearly that the States were jealous of the control
which Congress might claim over their militia, and required on this
point a further restrictive clause than was contained in the original
Constitution. The sixteenth paragraph of the preceding section
expressly reserves to the States the authority of training the militia
according to the discipline prescribed by Congress. In connection
with this you admit that the States reserved the right to call forth
their own militia to execute their own laws, suppress insurrections,
or repel invasions. This authority to call them forth would have
been of no value without the authority to appoint officers to command
them and the further authority to train them, as they cannot without
officers and training be the well-regulated militia which the Con-
stitution says is necessary to the security of a free State. The
conclusion would seem naturally to follow that the States did not
intend by any general words used in the grant of power to give
Congress the right to take from them, as often as appointed, the
officers selected by them to train and regulate their militia and
prepare them for efficiency when they may be called forth to sup-
port the very existence of the State. The conscription act embraces

1168 CORRESPONDENCE, ETC.

SO large a proportion of the militia officers of this State as to dis-
band the militia in the event they should be compelled to leave
their commands. This would leave me without the power to reor-
ganize them, as a vacancy can only be created in one of these
offices by resignation of the incumbent, or by the voluntary per-
formance of some act which amounts to an abandonment of his
command, or by a sentence of a court-martial dismissing him from
office. The officer who is dragged from his command by conscrip-
tion or compulsion and placed in the ranks is in neither category,
and his office is no more vacated than the office of a judge would
be if he were ordered into military service without his consent.
And unless there be a vacancy I have no right to fill the place
either by ordering an election or by a brevet appointment. I have
no right in either case to commission a successor so long as there is
a legal incumbent. Viewing the conscription act in this particular as
not only unconstitutional, but as striking a blow at the very exist-
ence of the State by disbanding the portion of her militia left within
her limits when much the larger part of her arms-bearing people are
absent in other States in the military service of the Confederacy,
leaving their families and other helpless women and children subject
to massacre by negro insurrection for want of an organized force to
suppress it, I felt it an imperative duty which I owed the people of
this State to inform you in a former letter that I could not permit the
disorganization to take place nor the State officers to be compelled to
leave their respective commands and enter the Confederate service as
conscripts. Were it not a fact well known to the country that you
now have in service tens of thousands of men without arms and with
no immediate prospect of getting arms, who must remain for months
consumers of our scanty supplies of provisions, without ability to
render service, while their labor would be most valuable in their farms
and workshops, there might be the semblance of a plea of necessity
for forcing the State officers to leave their commands with the homes
of their people unprotected and go into camps of instruction under
Confederate officers often much more ignorant than themselves of
military science or training. I must, therefore, adhere to my position
and maintain the integrity of the State government in its executive,
legislative, judicial, and military departments as long as I can com-
mand sufficient force to prevent it from being disbanded and its peo-
ple reduced to a state of provincial dependence upon the central
power. If I have used strong language in any part of this letter I beg
you to attribute it only to my zeal in the advocacy of principles and
a cause which I consider, no less than the cause of. constitutional lib-
erty, imperiled by the erroneous views and practice of those placed
upon the watchtower as its constant guardians.

In conclusion, I beg to assure you that I fully appreciate your
expressions of personal kindness, and reciprocate them in my feelings
toward you to the fullest extent. I know the vast responsibilities
resting upon you, and would never willingly add unnecessarily to
their weight or in any way embarrass you in the discharge of your
important duties. While I cannot agree with you in opinion upon
the grave question under discussion, I beg you to command me at aU
times when I can do you a personal service, or when I can, without a
violation of the constitutional obligations resting upon me, do any
service to the great cause in which we are all so vitally interested.

Hoping that a kind Providence may give you wisdom so to conduct
the affairs of our young Confederacy as may result in the early achieve-

CONFEDERATE AUTHOEITIES. 1169

ment of oiu- independence and redound to t.lie ultimate pi-osperity and
happiness of our whole people,
I have the honor to be, very respectfully, your obedient servant,

JOSEPH E. BROWN.

P. S. — Since the above letter was written I see, somewhat to my
surprise, that you have tliought proper to publish part of our unfin-
ished correspondence. In reply to my first letter you simply stated
on the jioint in question that the constitutionality of the act was deriv-
able from that paragraph in the Constitution which gives Congress
the power to raise and support armies. I replied to that letter with
no portion of your argument but the simple statement of your position
before me. You then, with the aid of your Cabinet, replied to my
second letter, giving the argument by which you attempt to sustain
your positioTi, and, without allowing time for your letter to reach me
and a reply to be sent, you publish my second letter and yom- reply,
whicli is your first argument of the question. I find these two letters
not ou\y in the newspapers, but also in pamphlet form, I ijresumo by
your order, for general circulation. While I cannot suppose that your
sense of duty and propriety would permit you to publish part of an
unfinished correspondence for the purpose of forestalling public opin-
ion, I must conclude that your course is not the usual one in such
cases. As the correspondence was an official one upon a grave con-
stitutional question, I had supposed it Avould be given to the country
through Congress and the Legislature of the State; but as you have
commenced the publication in this hasty and, as I think, informal
manner, you will admit that I have no other alternative but to con-
tinue it. I must, therefore, request as an act of justice that all news-
papers which have published part of the correspondence insert this
reply.

J. E. B.

Richmond, Jtme 31, isoii.
Major DUNW^ODY,

Calhoun, Gordon County, Oa.:
Governor Brown complains that your subordinates are enrolling
militia officers. Order them to desist from it. Send a copy of your
instructions on this point to the Governor and notify liim by telegraph
of your action.

G. W. RANDOLPH,

Secretary of War.

Marietta, June 23, 1862.
Hon. G. W. Randolph,

Secretary of Wnr, Richmond, Va.:
As Major Dunwody's subordinates in diff'orcnt parts of the State do
not seem to regard your orders to him, please direct him to give them
the necessary instructions to stop the enrollment of the officers of the
militia. I agree with you fully that we should unite all our energies
to drive out the common enemy and not make war among ourselves.
I am most happy, therefore, that the Confederate Government has
decided to respect the constitutional rights of the State so far as not

74 K R — SERIES IV, VOL I

1170 CORRESPONDENCE, ETC.

to force her to the alternative of permittingr any department of her
constitutional government to be disbanded and destroyed, or to defend
the existence and integrity of her government by force.

JOSEPH E. BROWN.

Executive Department,
Montgomery, Ala., June 24, 1862.
Hon. G. W. Randolph,

Secretary of War:
Sir: I have liad no reply to my letter of the 30th ultimo, and to-day
have to report the arrival of Maj. William G. Swanson, supervisor and
commandant of the camps of conscription to be established in this
State. He calls upon me to furnish enrolling officers of the State, and
exhibits the instructions from General Cooper, in which he is directed
to " allow for enrolling conscripts the compensation allowed for enroll-
ing the militia of the State." Unfortunately for an efficient enroll-
ment of conscri[)ts there is no compensation allowed by our laws for
the enrollment of the militia of tlie State, and the ordinary enrolling
militia officei-s, even if they were still in their places at home, would
not be efficient for the work. I propose, in order to dispatch the busi-
ness and at the same time to secure thorough work, to subdivide the
State into ten or eleven divisions and appoint a superintending enroll-
ing officer for each division, with the rank and pay of captain of
infantry. These officers will be directed to appoint not exceeding
three enrolling officers in each county, with the rank and pay of first
and second lieutenants. The ranking officer of the county will be
returning officer for the county to the captain of the division, who
will consolidate and report the returns to the superintendent and com-
mandant of the camp. In some of the counties not more than one or
two enrolling officers will be found necessary. It is important to fix
the basis of action and compensation at once before we begin, inas-
much as competent men at this season of the year are not disposed to
undertake this work, thankless and delicate as it may be considered,
without knowing beforehand that they are to be compensated for their
labor, and the amount of that compensation. I therefore deem it
important to invite your approval of the plan herein suggested, and to
advise me in case of approval as to the mode in which tlie compensa-
tion to enrolling officers will be made, so I may fully communicate
particulars to officers at the time of their appointment. I shall await
your reply before I make any appointments, which I am willing to do
to aid the cause in which we are all engaged. I hjive no information
as to Major Johnston's assignment as quartermaster. Should he be
rejected, I ask to be consulted in reference to the appointment to be
made in that department.

Your obedient servant,

JNO. GILL SHORTER.

P. S. — I beg to add that while it may be troublesome to the State to
undertake the enrollment, I am persuaded that it can be more effi-
ciently made by our own officers than by imported officers from the
Army, unknown to the people, some of whom will be apt, from their
manner and bearing, to give occasion to complaints, and tend to rende
the execution of the conscript law obnoxious to the people.

J. G. S.

CONFEDERATE AUTHORITIES. 1171

[Indorsement.]

Am much obliged to the Governor for his assistance, and will be glad
to avail myself of it so far as the law permits. Under the act appli-
cation must be made for the enrolling officers of the States, and if they
cannot be procured, or there are none, the Confederate States Govern-
ment is to appoint agents. The commandants by general orders have
been directed to make application for details from the nearest general,
and have done so in other cases. If General Forney can make such
details from Alabama regiments it will cost less, and probably be as
efficient a system as any other. Major Swanson will report upon his
plans, and the Department will bespeak for him the assistance of the
Governor. In all the States, and by virtue of a general order, the nomi-
nation of a quartermaster and commissary has been given to the com-
mandant of the camps of instruction. In Alabama this was so far
departed from as to order a quartermaster on the nomination of the
Governor. If Major Johnston has not arrived he probably could not
be spared by General Bragg.

[G. W. RANDOLPH.]

Demopolis, June 25, 1862.
Hon. G. W. Randolph,

Secretary of War, Richmond, Va.:
Sir: Captain Thomson, of the staff of General Bragg, had an in-
ter\'iew here yesterday with the president and directors of the Ala-
bama and Mississippi Rivers Railroad Company, and submitted his
authority from the general to take military possession of the road,
so as to complete the balance of the work necessary to make the con-
nection between Selma and Meridian. The Board adopted a resolu-
tion expressing their unqualified assent to any course the Government
or military authorities might deem it best to take in regard to the
completion of the road, with a proviso that they were not to be under-
stood as thereby making the stockholders liable for any extra expend-
iture of money in completing the work, over and above allowing fair
prices for such work as might be useful to the stockholders after the
Government might cease to use and control the road. A copy of this
resolution was furnished to Captain Thomson. An inquiry was made
of the Board by Captain Thomson as to whether they were under anj'
contract with the Government to finish the road within any specified
time, and within what time they could finish it for use with the aid
of the Congressional appropriation of $150,000. The reply of the
Board was that they had entered into no contract to finish the road
within any specified time, but had bound themselves faithfully to
apply such means as the company had, and also the $150,000, toward
the completion of the road, and to use all proper diligence and activ-
ity to accomplish the object. They candidly admitted that in the
existing state of things they could not complete the road for use even
with the aid of the §150,000. Agreeing that the road was essential to
the military wants of the Government, they were ready to yield to
whatever course the public authorities might deem best. The Board
say they applied to Congress for the $150,000 in August, 1861, when
railroad iron was low, and with the aid of this amount they could, as
matters then stood, have finished the road, but that before Congress
thought proper to give the aid railroad iron and materials had nearly
doubled in ijrice, and that now there is none on market. The idea of

1172 COKRESPONDKNCE, ETC.

the Board seems to be that while they coiikl not jjurchase iron and
matei-ials and obtain the labor necessary to finish the road at once,
the Government could take such things and pay for them and push
the work through withoixt much delay. There is much public spirit
among the people on the route of the road, and if it is understood to
be a work of military necessity and under military control, negro labor
to any reasonable extent can now be had at fair prices, and iron from
the Cahaba and Marion road and the Pensacola road sufficient to
complete the work could be taken. Since I have been here I have
given the road attention in every way I could, but the company was
the ruling power, and 1 could only act within the limits they might
prescribe. The work has not progressed as rapidly as I wished, but
some allowances are to be made for the want of better progress. In
the first place, the company have been obliged to use their stock notes
in place of money to obtain laborers. They have, as I now learn, in
their expenditures anticipated about $50,000 of the $150,000 advance.
As to this, however, they will inform you.

I have under your authority taken for the use of the road from the
Cahaba, Marion and Greensborough road 55,367 poiinds spikes, 3,810
pounds bolts and nuts, 17,636 pounds fish bars, 1,276 bars of railroad
iron already delivered, and some 300 to 400 more yet to be obtained,
the weights of all of which Avill be furnislied so soon as the delivery
is completed. These articles, I take it for granted, will have to be
paid for by the Alabama and Mississippi Kivers Railroad Company
out of the advance of the $150,000. It is for you to decide whether
this work is to go on under the control of the company or whether
lander absolute military control. In the event the line via Mobile
should fall into possession of the enemy this route would be obliged
to be used for the support of our army in Mississippi. Our livers
are now, owing to continued dry weather, almost rediieed below the
point of navigation. In my last letter I suggested that if the road
was to be finished under absolute military authority the company
ought not to receive the $150,000. They will, as I now learn, desire
at all events to receive so much of this advance as they have already
expended. The orders from General Bragg to Captain Thomson in
regard to the work have, I learn, been siispended for the present.
Please favor me with your decision upon the question as to whether
the road is to be completed under the orders of General Bragg or by
the company, and with any instructions you may think proper to give
for my future guidance. The company propose to send you by spe-
cial messenger a certified copy of the mortgage. I am advised that,
according to the laws of this State, a copy certified js of equal validity
with the original, where the original has been lost, and that the loss
of the note will cause no difficulty, for the i-eason that the mortgage
itself recites and acknowledges the debt, and this acknowledgment is
evidence sufficient. The grain crops in this part of the country art3
very extensive as to acres and were most promising until recently.
The want of rain has injured tliem.
Very respectfully,

A. S. GAINES,

Special Agent.

[Indorsement.]

Have received the mortgage but not the bond conditioned for the
faithful application of the money. It cannot be paid until this
comes, and all expenses incurred heretofore must be paid out of it.
There is no other appropriation out of which the expenses can be

CONFEDERATE AUTHORITIES. 1173

paid. Yoii vill, therefore, return the iron vinless the company
assumes the debt.

State of Florida, Executive Department,

Tallahassee, June 26, 1862.
Hon. (tEorge W. Randolph,

Secretary of War, Richmond, Fa..-
Sir: I would most respectfully invite your attention to the neces-
sity of pi'eventing cotton fi'om being exported during the continuance
of the war. The ability of the Confederate Government to command
the respect and force the recognition of the European governments and
to maintain the war successfully depends very much upon the proper
control or destruction of cotton. Some months ago I was opposed to
vessels leaving Apalachicola with cotton and turpentine, but the Sec-
retary' of War and the Secretary of the Navy advised, or rather con-
sented to, their doing so, and of six which left the port five were
captured, and the benefit accruing from the only vessel which escaped
was, if I am correctly informed, enjoyed exclusively by a few Yankee
speculators. Since then other vessels have left our ports with cotton
and have returned with coffee, salt, and other articles, for which they
have charged our citizens the most exorbitant prices, and having
brought in some dry goods which were evidently manufactured in the
United States, a suspicion which I had entertained and expressed was
strengthened; and after patient inquiry of several months the evi-
dence is such as to admit of no doubt that individuals residing in New
York, Havana, New Orleans, and other Southern cities have formed
mercantile copartnerships, and for some time past, under pretensions
of lo^-alty to and great sympathy for the South, have realized heavy
profits by the most villainous and treacheroiis arts of traffic. Part-
ners in New York send merchandise to Havana, where, or in transitu,
the merchandise is exchanged for cotton sent by partners from South-
ern ports, and the exchange is lUiade bj' the management of partners
at Havana or Nassau, and this traffic is not unknown to those in com-
mand of blockading vessels. By such base means not only cotton is
obtained at New York and other Northern cities, but information
prejudicial to our best interest is obtained, our slaves are enticed
away, and ignorant citizens corrupted by the Southern partners, men
of Northern birth or villainous Jews, professing to be doing much to
supply the people of the South with salt, coffee, and other articles
much desired, if not absolutely needed. My opinion is, no more ves-
sels should be allowed to leave the ports or coast of Florida laden with
cotton, and that when vessels shall come into our ports or upon our
coast, not bringing arms or munitions of war, but articles of mer-
cliandise for which exorbitant jjrices shall be asked, and cotton shall
be sought after by them, the merchandise should be seized and sold
at auction, the vessels burned or confiscated, and the officers and pro-
l)rieiors hung as spies, and their crews xilaced in close confinement.
A few weeks ago cotton which was taken from the South was placed
upon the mail steamers Columbia and Roanoke at sea and sent to
New York, and the great majority of those who under pretenses of
friendship and even loyalty to the South are engaged in the exporting
of cotton, dispose of it in transitu, or through partners after it sliall
be landed, for the benefit of tlie United States.
I have the honor to be, very respectfully,

JOHN MILTON.

1174

[Indorsement.]

Acknowledge the receipt of the letter and reply that the Depart-
ment has no legal authority to stop exportation of cotton, except for
the purpose of keeping it out of the hands of the enemy.

G. W. R.

Special Orders, ) Adjt. ani> Insp. General's Office,

No. 147. [ Richmond, June 9.6, 1862.

*******

XIV. All persons in the employ of the Southern Express Company,
the services of whom the president of the company will certify to be
indispensable, will be exempted from the operation of the conscript
act so long as they continue in the said employment.

By command of the Secretarj^ of War:

JOHN WITHERS,

Assistant Adjutant- General.

[June 27, 1862. — For proclamation of the Governor of Virginia
(Letchfcr), calling for a force of 10,000 men for the defense of the
Commonwealth, see Series I, Vol. LI, Part II, p. 581.

Nassau, Nevit Providence, June 28, 1862.
Hon. George W. Randolph,

Secretary of War, Richmond:

Sir: My last dispatch was under date of the 2d ultimo on the eve
of my departure for Bermuda, whence I have but just returned, having
been detained much longer than I expected. I succeeded, however, in
the object of my voyage, which was to extricate the steamer Herald
from the embarrassing predicament she had been placed in by the
rascally conduct of her captain; but this could not be accomplished
without much trouble and delay. After dispatching her to Nassau I
came on in the steamer Leopard, another fast paddle-boat intended
for the service between here and Charleston. She is to leave about
the 18th proximo, when tide and moon will suit. On my return Capt.
John N. Maffltt, C. S. Navy, handed me your dispatch of the 11th of
April in which you confer on him full authority to take the entire
control of all vessels laden with arms and munitions of war for the
Confederate States which he may meet with on his present voyage,
taking the requisite steps for getting their cargoes safely into the Con-
federacy, and instructing me to act in concert with him in all matters
touching his commission.

During my absence you have been advised by Mr. J. B. Lafitte of
the various shipments of arms and munitions of war for your Depart-
ment, some of which I regret to say haA'e fallen into the enemy's
hands, including those by the Ella Warley, the Elizabeth, and the
Nassau, whilst the shipment per Cecile was lost bj^ the wreck of the
vessel. A portion of the latter was saved and sold at auction yester-
day, and on conferring with Mr. Lafitte we thought it best to purchase
the larger part, although damaged, as the prices were sufficiently low

CONFEDERATE AUTHORITIES. 1175

to make it an object. The small-arms and accouterments can readily
be made serviceable, whilst the cannon are in good order, and the
carriages, harness, <fcc., mostly in a condition to be rendered available.
Besides these some mustard and medicine was bought, the whole of
which Mr. Lafitte intends shipping by a schooner, this mode of con-
veyance being justified by the low prices at which the various articles
were bought. We paid for the six cannon $125 each; for the small-
arms ^1.50 to $3 each; accouterments $1.50 to $3.25 per box, &c. If
you should desire to take this shipment for account of the War
Department please advise Messrs. John Fraser & Co. on receipt of
this. Otherwise the venture will go forward at Mr. Lafitte's risk.

A Mr. Hart, who acts here for S. Isaac, Campbell & Co. , of London,
has applied to me to know whether the Government would feel dis-
posed to purchase certain shipments by the steamer Columbia, now
daily expected, and the steamer Sylph, due in about three weeks. The
former has two batteries of eight guns each complete, and the latter a
similar cargo. It appears that these guns are from the Vienna Arse-
nal, and wei"e approved of by Captain Huse. The London parties
made a contract to deliver them into the Confederacy at a certain
price, but are now apprehensive of the danger of running the blockade,
and would sell them here at a proportionately low figure. You may
well imagine I did not hold out the slightest encouragement that a
proposition which strips their agreement of almost every risk would
be entertained, but at the solicitation of Mr. Hart I submit the matter
to j'our consideration. The Oreto still remains under seizure, but the
proceedings instituted for her release are now complete and will be
pushed forward vigorously. Our complaint was filed in court this
morning, and the libel may be piit in to-day or on the 30th. On the
1st of July our counsel will argue on the law points, and his opinion
is that the case will be thrown out before going to trial. There is no
doubt that we shall gain the case, but hints have been thrown out that
the captain of the Greyhound will appeal from the decision to the
admiralty court in England. This would result in serious delay, but
I am of the opinion that he will hesitate to involve himself in a pro-
ceeding which, if adversely decided, must entail on him most serious
injury, both professional and pecuniary.

The Thos. L. Wragg, which sailed hence on the 20th, was compelled
to return j'esterday to Turtle Bay, about fort.y-six miles from here,
short of coal. She was discovered making for Charleston Harbor and
chased back by three steamers for twenty-four hours. The requisite
coal will be dispatched this afternoon, and she will try it again on the
1st of July, I hope with better success. I have transmitted by this
opportunity to the State Department copies of three communications
from Lord Lyons to the Governor of these islands in relation to the
capture of the steamers Bermuda and Ella Warley. I have shipped
by the steamer Herald the following goods ex Melita:

Rifles, bayonets, molds, and nippers _ cases. . 40

Knapsacks and accouterments - - - do. . . 9

Knapsacks with mess tins - do... 33

Accouterments and waist belts — .-. ..do... 1

Cavalry saddlery, combs, sponges, &c do. . _ 6

Horse artillery harness and sponges, &c - do... 6

Powder (for the Navy Department) kegs... 606

Printing materials (for the Treasury Department) ■ barrel' " 1

I am, very i-espectfully, your obedient servant,

L. HEYLIGER.

1176

CORRESPONDENCE, ETC.

ConsoUdaled abstract from returns of the Confederate forcex on or about Jnne SO, 186S.
[Compiled from such returDS an are on file in tlie War Department.]

Present for
duty.

*5
1

b£

Coraniaiid.

O
3,566

Bate of return.

DepartmcEt (or Army) of Northern
VirgiDia (Lee), a

53,890

78,891

119,242

Jnly20,1862.

Depart I neut of North Carolina

(Holmes) .
Department of South Carolina and

Ceorgia (Pemberton).
Department of East Tennessee

(Smith). &
Department of Sonthwestern Virginia

(Loring).
Department No. 2 (Bragg)

1,012

1,43G

946

16, 493
21, 939
12,512

21, 196

29,783
10,30'

26, 826
35, 656

24,895

July 15, 1862.
June 30, 1802.
Do.

3,493
100

448
221

41,007
2,190

0,330
3,674

01, 561
2,686

9,127
4,599

96,549
3,390

10,618
10, 873

July 1, 1802.
Jnno 30, 1862.

Department of Middle and Eastern

Florida (Finegan).
District of the Gnlf (Forney)

Trans- Mississippi Department c

May 31 and June 30, 1862.

Total

11,248

158, 695

224, 146

328,049

o Exclusive of the troops from the Department of North Carolina serving in Virginia and accounted
for in the return of the Department of North Carolina (Holmes), dated July 15, 1862: also the divisions
of Jackson and Ewell, the forces in the Shenandoah Valley and Northwestern Virginia, for all of
which there are no returns of an approximate date.

bAllston's cnvalr^v brigade n<)t reported.

c South of Rod River commanded by Brig. Gen. P. O. Hebert, and north of that river by Maj. Gen.
Thomas C. Hindman. Tho only returns on tile of date appro.\iinatiug June 30, 1862, are for tiie Dis-
trict of the Lower Rio Grande (Luckott), Juno 30, and the Department of Indiau Territory (Pike),

Pnncipal officials of the War Department and its bureaus from February IS, 1861,

to June .'10, 1S63.

[Compiled from oflicial records.]

SECRETARY OF WAR.

Leroy P. Walker, February 21 to Sep-
tember 16, 1861.

Judah P. Benjamin, November 21, 1861,
to March 17, 1862. (Was also Acting
Secretary of War from September 17,
1861, to November 21, 1861. and from
March 18, 1862, to March 23, 1862.)

George W. Randolph, from March 24.
1862.

ASSISTANT SECRETARY OF WAR.

Robert Ould.
Albert T. Bledsoe.

CHIEF OF THE BUREAU OF WAR.

Albert T. Bledso"-.
R. G. H. Kean.

ADJUTANT AND INSPECTOR GENERAL.

Brig. Gen. Samuel Cooper, March 16,
1861. (Was promoted to the rank of
general Augu.-^ 31, 1861, to date from
May 16, 1861.)

QUARTERMASTER-GENERAL.

Lieut. Ool. Abraham C. Myers, acting
from March 25, 1861, to December,
1861, and subsequently as Quarter-
master-General. (Was promoted to
the rank of colonel February 15, 1862.)

COMMISSARY-GENERAL OF SUBSISTENCE.

Lieut. Col. Lucius B. Northrop, acting
from March 27, 1861. (Was promoted
to the rank of colonel and Commis-
sary-General June 21, 1861, to date
from March 16, 1861.)

SURGEON-GENERAL.

Surg. Samuel P. Moore, March 16, 1861.

CHIEF OF ENGINEER BUREAU.

Maj. Josiah Gorgas, acting from April
8, 1861, to August 3,1861.

Maj. Danville Leadbetter, acting to
November 11, 1861.

Capt. A. L. Rives, acting from Novem-
ber 13, 1861.

CHIEF OF BUREAU OF ORDNANCE.

Maj. Josiah Gorgas, April 8, 1861 . (Was
promoted to Keutenant-colonel to
rank from March 16, 1861.;

SUPERINTENDENT OP NITER BUREAU.

Maj. Isaac M. St. John.
Capt. Richard Morton.
Maj. Isaac M. St. John.

COMMISSIONER OF INDIAN AFFAIRS.

Hon. David Hubbard.

AljTT:R]srATE BKBIGN ATIONS

OEGANIZATIONS MENTIONED IN THIS VOLUME,

Alternate designation in black-faced type, the ofScial designation, reference, or State to which
organization belongs follows in italics.

Adiiiiis Light (iuard Batt., Inf., Migsissippi.

Attala Guards, Inf., MissisHppi.

Balfour's (J. TV.) Inf., 6th Mise. Ball.

Bate'K CW. B.) Inf., 2d Term. [Prov. Army).

Bates' (J.) Inf., JSth Tex.

Biloxi Rifle Guards, Inf., Misgisnppi.

Bonluni'a (D. W. C.) Inf., nd Mlts.

Bradford's (CM.) Inf., Uth La.

<'antey'8 (J.) Inf., ISth Ala.

Carroll Guards, Inf., Louisiana.

I'hastain's (E. W.) Inf., 8th Oa. State Troops.

Cliickasan Ikragoons, €av., Mississippi.

('hurchiU's (T.J.) Ca?., Ist Arlc. Mtd. Rifles.

i'lark80n's(A.'W.)Art. ^a Helena Art. ^Arkansas.

Cobb's Legion, Georgia.

CoUiultt's (A.B.) Inf., Oth Oa.

Columbus Riflemen, Inf., Mississippi.

CoTington Guards, Inf., Mississippi.

Crane's (J. P.) Inf., 59th Ya.

Crescent Blues, Inf., Louisiana.

Crescent Rifles, Inf., 1st La. Batt.

narneU's (N.H.) Cay., ISth Tex.

DonaldsouTille Art., Louisiayia.

Douglierty Guards, Inf., Georgia.

Dougherty Hussars, Car. See Cobb's Legion, Oa.

Breux's (C.U.) Inf., Jst La. Batt.

Enterprise Guards, Inf., Mississippi.

Flournoj's (G.) Inf., 10th Tex.

Floyd Shar)>shooter8, Inf., Slst Ga.

Ford's (J. S.) Car., 3d Tex. Mtd. Xifle.':.

(iainesTillc Tolunteers, Inf., Mississippi.

Garland's (R. R.) Inf., 6th Tex.

Cartrell's (L.J.) Inf., 7th Oa.

Gordon's (J.) Car., Mississippi.

Greer's (E.) Car., Sd Tex.

Gregg's (J.) Inf., 7th Tex.

Gregg's (M.) Inf., 1st S. C. {Prov. Army).

Grirot Guards, Inf., 1st La. Batt

Hampton Lrgion, South Carolina.

Hnrdaway's (R. A.) Art., Alabama.

Helena Art., Arkansas.

Irrepressibles. Inf., Mississippi.

Jackson Regiment, Inf., Slst La. (Kennedy).

Jeif. Davis Legion, Car., Mississippi.

Johnson's (J. A. W.) Inf., S4th Ga.

Johnson's (M. T.) Car., 14th Tex.

Kemper's (I).) Art,, Virginia.

Kershaw's (J.B.) Inf., 2d S. C.

King's (B. S.) Cav. See Cobb's Legion. Georgia.

Latham's (H. G.) Art., Virginia.

Lauderdale Rifles, Inf., Mississippi.

Locke's (M. P.) Cav., 10th Tex.

Loudoun Art., Virginia.

Louisiana Foot Rifles, Inf., Louisiama.

Louisiana Guards, Inf., 1st La. Batt.

Lowndes County Home Guards, Inf., Mississippi.

HcCulloch's (H. E.) Cav., 1st Tex. Mtd. Itifles.

McDaniel's (C. A.) Inf., 41st Ga.

McGowan's (S.) Inf., Ulh S. O.

Maney's (G.) Inf., 1st Tenn.

Marigny's (M. di^) Inf., lOlh La.

Marion Inf., Louisiana.

Maxey's (S.B.) Inf., 9th Tex.

Monroe Light Inf., Mississippi.

Monroe Riflemen, Inf., Mississippi.

Montgomery True Blues, Inf., $d Ala.

Morrison Regiment, Inf., Slst Ga.

North Carolina, Oth Regt., 1st iV. C. Cav.

North Carolina, lOtli Begt,, 1st JV. C. I.I. Art.

North Carolina, 10th Regt.,* Sd N. C. Cav.

North Carolina, lltli Regt.,t 1st N. C. LI. Art.

North Carolina, 10th Regt., SdA. 0. Vai-.

Noxubee Riflemen, Inf., Missi-ssipjii.

O'Connor Rifles, Inf., Missistippi.

Orleans Art., Louisiana.

Orleans Cadets, Inf., 1st La. Batt.

Orleans Chasseurs, Inf., Lonisiatio.

Orr's (J. L.) Inf., Isl S. C. Itifles.

Palmetto Art., Sd S. 0. Lt. Bait.

Parsons' CW. H.) Cav., Mth Tex.

Phillips Legion, Georgia.

Pointc Coup($e Light Art. , Louisiana.

Polish Brigade, Inf., Uth and Vith La.

Port Gibson Riflemen, Inf., Mitisissl]ipi.

Public Guard, Inf., Virginia.

Quitman Guards, Inf., Mississippi.

•Afterw.ird 10th Regiment.

+ Afterward 10th Regiment.

am)

1178

ORGANIZATIONS MENTIONED.

Quitmnii Light Inf., Mississippi.

Biclimoud Fnjettc Art., Virginia.

KichmoiKl Hoiritzers, Jst Co. Va.Lt.Art.

Senmies' (P.J.) Inf., »<( Oa.

Sliaron Rifles, Inf., Mississippi.

Sliields' (J. C.) Art. See Richtnond JTowitzers, Ut

Go. Ta.Lt.Art.
Shreveport Grays, Inf., 1st La. Batt.
Sims' (W. B.) Ca?., 9th Tex.
Special Battalion, Inf., 2d La. liatt.
Spruill's(S.B.) <ia.\.,2dN.O.
Sulaliowslii's (V.) Inf., 14th La.
Tattnali Guards, Inf., Georgia.
Triplett's (T.) Art., Virginia.

Tnrnej's (P.) Inf., Isl Tenn. {Prom. Army).
University Kifle Co., Inf., Mississippi.
Vicltsburg Sliarpshooters, Inf. , Mississippi.
Volunteer Southrons, Inf., Mississippi.
Wallace's (G. A.) Inf., Mth Va.
Walton's (J. B.) Art. See Washington Art.. Lou-
isiana.
Washington Art., Louisiana.
Washington Art. Co., Georgia,
Watson Art., Louisiana.
Wheat's (C. E.) Inf., Sd La. Batt.
Wise Legion, Virginia.
Wood's (W.B.) Inf., ir.lh Ala.
Young's (O.) Inf., lUh Tex.

INDEX.

s, Divisions, Corps, Annies, and improvised organizations are "Mentioned" under name of ccm-
manding officer ; State and other organizations under their official designation.

Abercrombie, Leonard A., 1006.
Adams, Daniel W., 747.
Adams, Fleming IT., 1132.
Adams, S.
CorreapondeQce:

Dimmock, C, 473.

Ordoanco Department, C. S. A., 473.
Mentioned. 470, 472, 473.
Adams, Wirt, 789, 1009.
Adderly, H., 781.
Adderl)', H., & Co., 816, 819, 1057.
Adela, Schooner, 487.

Adjutant and Inspector General's Dept., C. 8. A.
Appropriations, 330, 1045, 1070.
Cooper, S., Adjt. and Insp. Gen., 348, 1176.
Eatabliabment and organization,l]4,115,163,164.
Estim.ites of appropriationa, 989.
Signal Corps attacbcd to, 1132.
Adjntant and Inspector General's Office, C. S. A.
Appropriations, 939.
Congressional investigation, 890, 891.
Correspondence :

Anderson, B. H., 503, 915.

Beauregard, G. T., 174.

Beltzhoover, D., 504.

Bocock,T.S.,837.

Bragg, B., 183, 503, 743, 804.

Briscoe, F. A., 395.

Clay, H.L., 504.

Coppena, G., 179.

Crittenden, G. B., 805, 814.

Davis, Jefferson, 353.

De Leon, D.C., 209.

De Sanssure, W. D., 503.

Dunwody. J., 1129, 1141.

Gait, J. M., 178.

Georgia, Governor of, 374, 379.

Groner, T. D., 626.

Hiirdee, \V. J., 468, 483.

Hubert, P. O., 1047.

Hiudman, T. C, 308.

Huse, C, 220.

Johnson, M.T.. 982.

Johnston, A. S., 603, 756.

Johnston, J. E., 482.

Lawton, A. E., 503, 617, 068.

Lee, R. E., 911. 1152.

Lovy, W. M., 504.

Lowe, E.L., 600.

MoCulloch,B.,318.

Mallett, P., 1148.

AdJt. and Insp. Gen.'s Office, €. S. A Cont'd.

Correapondeoce :
Miles, W. P., 757.

Mississippi, Adjt. and Inap. Gen. of, 1121.
North Carolina, Adjutant-General of, 1000.
Polk, L., 421.

Preston, J. S., 1104, 1107, 1140, 1144, 1153.
Q. M. General'a OiBco, C. S. A., 379, 830.
Eoberts, S. A., 907, 901, 1003.
Sibley, H. H., 830.
Smith, E. E., 218.

South Carolina, Adjt. and Insp. Gen. <tf, .'>82.
South Carolina, Governor of, 360.
Tennessee, Governor of, 421.
Texas, Governor of, 927.
Virginia, Adjutant-General of, 1029.
Virginia, Governor of, 426.
War Department, C. S., 778, 964, 983, 992, 993,

1044, 1103, 1108, 1116, 1143, 1152.
Wiae,H.A.,367.
Orders, Circulars, series 1861 : May 8, 302.
Orders, General, series 1801: Nn. 1, 188; No. 6,
224; No. 6, 229; No. !, 292; No. 8, 354; No.
9 (June C), 869; No. 9 (June 35), 398; No. 17,
723; No. 20,787.
Orders, General, series 1862: No. 1, 825; No. 2,
833; No. 8, 834; No. 4, 879; No. 6, 925; No.
8,953; No. 0,904; No. 11, 983; No. 12, 084;
No. IS, 993; No. IS, 998; No. IC, 1020; No.
17, 1028; No. 18, 1033; No. 19, 1046; No.
20,1049; No. 22, 1051; No. 2S, 1059; No. 24,
1065; No. 20, 1077; No. 29, 1093; No. 80,
1094; No. 31, 1100; No. 82, 1104; No. 84,
lUO; No. 3G, 1122; No. 37, 1123; No. 38,
1126; No. 89, 1128; No. 40, 1131; No. 41.
1139; No. 42, 1149; No. 48, 1151; No. 44,
1154.
Orders, Special, series 1801: No. 9, 191; No. 17,
211; No. 50,348; No. 110,508; No.114,53];
No. 130, 581 ; No. 180, 696; No. 254, 776.
Orders, Special, series 1862: No. 38, 942; No. 51,
971; No. 80, 1050; No. 86, 1059; No. 105,
1115; No. 107,1120; Na.114,1124; No. 180,
1152; No. 147,1174.
A-he-dat (Indian), 546.
A-h!-sut-ta (Indian), 666.
Ah-kih-ta-tung-ka (Indian), 645.
Al-o-nais Indians.

Treaty with Confederate States, 542-548, 813.
A-lil-ko-sha (Indian), 645.
Aliin, Warren, 853.

(1179)

1180

INDEX.

Alabama,

Anns for Tolunteera, 420, 581, 582.

Camps of instruction, 412, 474, 495 625, 1028, 1029.

Changes iu State constitution, 53.

Coast defenses, 250, 482, 483, 493, 702.

Commissioners to States, 30.

Conslriiction or purctiase of naval vessels, 703,

704.
Creole troops, 1087, 1088, 1111.
Delay in payment of bounty, 1028, 1029, 1042, 1047.
Enforcement of conscription act, 1131, 1149, 1170,

1171.
Financial measures, 17, 50-52, C97-711.
Loan to C. S. PrOA-isioiial Government, 100.
Measures for defense, 702-705, 1020.
Military cadets, 708.
Montgomery convention, 43-45, 55 -59, 92-99, 124,

125.
Oatbs of office, 53.
Operations in. See—
GaiTies, Fort. Seizure, Jan. 5, 1861.
Morgan, Fort, Seizure, Jan. 5, 18G1.
Mount Vernon Arsenal. Seizure, Jan. 4, ISGl.
Orgn., equip., etc., of vols., 4C, 81, 9], 121, 170, 192,

193, 205, 206, 209, 211, 213, 217-222, 231, 245, 294,

302, 303. 305, 320, 32J , 420, 474, 483, 493, 495, 634,

582, 625, 704-708, 902, 903, 927-931, 942, 948, 971,

1012, 1028, 1029, 1042, 1082, 1131.
Proposed regular State troops, 50, 51.
Purchases of munitions of "war, 121.
Purchasing agents, 703, 704.
Quotas and credits, 135, 211, 213, 221, 222, 302, 320,

321, 412, 902, 903, 1061, 1062.
Kalification of C. S. Constitution, 130, 151, 193.
Reimbursement by C. S. Government, 705.
Reorganization of twelve-months' troops for

the war, 318, 319, 357, 358, 804.
Requisitions for troops, 135, 211, 216-219, 221, 222,

231, 245, 252, 294, 412, 416, 482, 483, 560, 625, 902,

903, 1006.
Sale of munitions, etc., to C. S. Govt., 192, 198.
Salt supplies, 1010.
School fund, 701.
Secession movement:
Financial measures, 17, 50-52.
Negotiations with States, 1-28, 33-42, 46, 53-59,

71-77, 112, 113.
Ordinance of secession, 43-45.
Seizure of fortifications, arsenals, etc., by

State authorities, 48, 49, 52.
State convention, address to the people, 68-70.
Suspensionof specie payments by banks, 30-32,

49, 50, 698, 699.
Secret organization of Union men, 859.
Speculation in supplies, 701, 702.
Taxation, 697, 698.
Transfer of State troops to C. S. service, 120-122,

134, 1.35, 192, 193, 205, 206, 209, 608, 809.
Traueferof subsistence toC. S. Government, 214.
Troops for Fort Gaines, 482, 483, 493, 560.
Troops furnished, 626, 627, 788, 790, 962, 1131.
War tax of Aug. 19, 1801, 697, 698.
.\labama, Adjutant and Inspector General of.
Correspondence :
Alabama, Q. M. Gen. of, 192, 1010, 1012.
Bondurant, J. W., 1131.
War Department, C. S., 209.

Alabama, Oorenior of.

Commissioners to Washington, 88-91.
Correspondence :
Alabama Convention, 30.
Buchanan, J ., 32.
Bullock, £.0., 53.
Burtwell,J., 91.
Calhoun, J. M., 71.
Cary,J.M.,91.

Central Bank of Alab.inia, 31 .
Clark, 0. J., 707.
Clay, C.C.,jr.,28.
Cloptou,D.,33.
Cooper, W., 23.
Curry, J. L. M., 38.
Elmore, J. A., 19.
Florida, Governor of, 46
Geo, J. T., 91.
Georgia, Governor of, 3.
Gilmer, F. M., 29.
Hale, S. r., 4.
Hopkins, A. F.. 29.
Hubbard, D., 3.
Lomax, T., 81.
Longstreet, J ., 182.
Missouri, GoA-emor of, 25,
Pettu8,E.W.,76.
Robertson, J., 88, 89.
Thorn, R.T., 91.
Todd,J. B.,81.
Walker, L. P., 56.
W,alkor, W., 91.

War Department, C. S., 119,120,135,176,182,
205, 211, 213, 214, 221, 231, 245, 294, 302, 320, 412,
416, 420, 474, 482, 493, 495, 534, 500, 581, 582, 598,
008, 625, 902, 927, 931, 912, 948, 971, 1006, 1028,
1042, 1047, 1062, 1082, 1149, 1170, 1171.
Winston, J. A., 1.
Cotton exportation, 905.
Inaugural address, 771-774.
Messages to Legislature, 47-52, 097-711.
Response to requisitions for troops, 192, 193, 213,

302, 303, 320, 321, 420, 49:i, 927-929, 971, 1006.
Suspension of specie payments, 30-32, 49, 50, 698,
699.
Alabama, ({unrtermaster-General of.
Correspondence, Adjut.iut and Inspector
General of Alabama, 192, 1010, 1012.
Alabama and Mississippi Rivers Railroad.
Construction for military purposes, 1055, 1089-

1091,1145,1140.
Government loan for construction purposes,
941, 1048, 1049, 1053, 1054, 1060, 1061,1006, 1 171-
1173.
Military possession, 1171-1173.
Rolling-stock and material, 1145, 1146.
Alabama Conrentiou.
Address to people of Alabama, 68-70.
Authorized by Legislature, 16; 23, 24.
Correspondence ;
Alabama, Governor of, 3U.
Bullock, E. C, 33.
Olopton, D., 29.
Curry.J.L. M.,46.
Moore, S., 29.
Pcttna, K. W., 33.
Pugh,J.L.,46.

INDEX.

1181

Alnbaniit Conreiition— Contiuiieil.

Correspomleuce :
Shorter, J. G., 55.

Election and meeting, 47, 48.

Instructions to commiRSioners, 47, 55, 56.

Journal, 29-33, 43-47, 55, 68-70, 149.

( >r<Iiuance of secession, 43, 44.

Presiilcntaud Vice-President, C. S., election, 149.

Ratification of C. S. Constitution, 150.
Alabama Legislature.

Appropriations for military contingencies, 17.

Messages of Gov. of Alabama, 47-52, 697-711.

Provision for State Convention, 16, 23, 24.
Alabama River.

Appro^ riations for defenses, 1020.
Alabama Troops (C).

Artillery, Light— 7JoMoiio)is .- 1st, 027, 788.

Artillery, Li^bt—7Jo((cne«; Ilardaway's, 631.

Cavalry — Cowpttnies: Clauton's, 627.

Infantry— TJnHoJiojis: 1st, 788; 3rt (Smith),
788; -Mb, 788; otb (Davit), 788.

Infantry— Ucgiinents : lKt,026,929; 2d, 026; 3il,
305,508,620; 4tll, 305,626,710,711; 5th, 6tb,
;th, 626; Sth, ath, 10th, 11th, 12th, 13th,
14th, 626, 788; 15th, tOMi, 495,626, 788; l;ih,
ISth, lOlb, 626, 788; 20th, 627, 788; 2lRt,
627, 22d, 23d, 788.
Alexander, Archibald, 445,465.
Alexander, Edward P.

Correspondence, Jefferson D.avis, 087.
Alexander, J.

Correspondence, Jefferson Bavis, 1008.
Alexander, JaniOK H., 687.
Ale.xaiidcr, P. ^'.,130.
Alexander, Vf. F., 687.
Aliru Knemics.

Congress, C. S., 536, 586-592, 809, 810, 932-938.

Proclamation of Jefferson Davis, 558.

Sequestration of property, 586-592,809,810,932-
938.

See also Foreigners.
Aliens, Sec Foreigners.
Allen, Henry H'., 749.
Allen, James ir., 030.
Allen, Lang. C, 70.
Allen, MartUiW., 445,465.
Allen, Kobert T. P., 030.
Allston, Benjamin, 1176.
Ambassadors.

Constitution, C. S., 143, 144.

Provisional Constitution, C. S., 98.
Ames, James T., 118, 131.
A-na-dagh-ros Indians.

Treaty with Confederate States, 542-5,8, 813.
Anderson, Ednard C.

Bclona Fouiiilry ordnance, 221.

Correspondence, "War Department, C. S., 221, 332,
333, 486, 493, 538, 559, 504, 577, 594, 092.

Mentioned, 418, 540, 664, 594 .

Purchase of munitions abroad, 332, 333, 343-340,
480, 487, 493, 494, 538-542, 559, 564, 565, 577, 578,
594, 692.
Anderson, George It., 629, 789.
Anderson, George T., 363, 627, 789.

Anderson, J. Patton.
Correspondence :
Florida, Governor of, 712.
Florida Convention, 109.
Mentioned, 99, 147, 027.
Anderson, John E., 445, 405.
Anderson, Joseph R.
Correspondence, War Department, C. S., 708, 769.
Mentioned, 119, 632, 768.
Anderson, Joseph R., & Co., 504.
Anderson, Richard 11,
Correspondence, Adjutant and Inspector Gen-
eral's Office, C. S. A., 503, 915.
Mentioned, 414, 032, 915.
Anderson, Robert, 21, 22, 29, 262.
Anderson, Samuel R,, 417,474,528,631.
A-no-hra-pi (Indian), 045.
Antonio, Schooner, 752.
Apalachicola Indians,
Treaty with Confederate SI atcs, 440-443, 785, 786,
813.
Appropriations,

Adjt. audlnsp. Gcn.'s Dejit., (J. ,S. A., 339, 1045,

1070.
Adjt. and Insp. Geu.'s Olliec, C. S. A., 939.
Alabama River defenses, 1020.
Bounty, 825, 838, 940.
Clothing and equipage, 148, 580, 584.
Engineer Dept., C. S. A ., 580, 599, 812, 1045, 1070.
Estimates, 120, 134,247,248,254,315,704,705,770,

917,989.
Exchange of bonds for articles in kind, 1079,1080.
Floating batteries, 836, 1045.
Hospitals, 580.
Indian troops, 821, 822.
Indian trust funds, 927.
Legislative, executive, and judicial expenses,

812, 838, 939, 940.
Medical Department, C. S. A., 339, 580, ,199, 812,

939, 1045, 1070.
Mobile Bay defenses, 1020.
Munitions of war, 148, 149,173,338,339,389,390,

1074.
Navy, 0. S., 940.
Ordnance Department, C. S. A.. 173, 339, .WO, 599,

770, 812, 894, 939, 1045, 1070.
Pay of tlie Army, 147, 580, 599, 758, 885, 886, 939.
Quartermaster's Department, C. S. A., 147-149,

3.38, 339, 580, 599, 812, 894, 939, 1046.
Itailroads, 912, 941, 1073, 1074.
Reimbursement of States, 30»,-595, 790.
Sidary, Assistant Secretary of War, C. S., 838.
South Carolina militia serving in Cliarlcston

Harbor, 1861, 147, 309.
Subsistence Depi^rtment, C. S. A., 147-140, 339

580,599,812,939,1045,1070.
Support of the Army, 147-149, 173, 338, 339, 580,

684, 599, 770, 803, 812, 939, 950, 1045, 1070.
Transfers, 319, 803, 894.
A'essels, 584.
Archer, James J., 790.
Archer, Junius L., 204.
Arrlier, K.,&Co.,381.
Ar-chu-le Harjo (Indian), 440.

1182

INDEX.

Ar-ha-Iuk Fixieo (Tnrlian),440.
Ar-liul Le-mnthin (Indian), 440.
Arizona Territory.

Confederate military government, 791. 792.

Operations in, 791.

Organic act, Jan. 18, 1862, 853-859, 930.

Orgn., equip., etc., of A'ols., 1138.

Proclamation, Jefferson Davis, 930.
.Irkansiis.

Admission into Confederacy, 309, 310, 335, 956.

Exemption of imports from duties, 331.

Government salute in honor of secession, 292.

Measures for defense, 357.

Military Board, 365.

Minute men, 363, 364.

Orgn., equip., etc., of vols., 222, 237, 307, 308, 357,
560. 561, 58a, 534, 599, C33, 910, 912.

Quotas and credlta, 412, 903.

Cegnlations, etc., C. S. Army, to govern militia,
365.

Keorganization of twelve-months' troops for
the Tvar, 905.

Kepresentation in C. S. Congress, 338.

Kequisitions for troops, 231, 232, 412, 583, 584, 615.
905, 906, 910.

Reserve Corps, 412, 625.

Secession negotiations with States, 3.

Tenders of troops, 272, 355.

Transfer of State troops to C. S. service, 390, 483.

Troops for service in Virginia, 368.

Troops furnished, 627, 788, 790, 903, 962.
Arkansas, Adjutant-General of.

Correspondence, "War Department, C. S , 560, 583.
Arkansas, Governor of.

Correspondence :
Johnston, A. S., 615.
War Department, C. S., 232,233,396,412,534,

599, C25, 033, 903, 910, 912, 931, 1062.
AVar Department, U. S., 229.

Refusal to honor Lincoln's call for trnoi>s. 229,
231, 232.

Response to reqtiisitions for troops, 233, 560, 50] .
Arkansas, Military Commission of.

Correspondence, "War Department, C. S., 35.").
Arkansas Convention.

Appointment of army ofhcers, 307, 308.

Civil proceedings against persons in military
service, 350, 351.

Confiscation of Federal property, 312, 313.

Indian affairs, 307.

Military Board, 365.

Militia laws, 352, 365.

Ordinance of secession, 287, 288, 294, 295.

Pay of volanleers, 306.

Popular vote, co-operation or seceSHion, 294.

Ratification of C. S. Constitution, 309, 310, 304.

Relief of families of volunteers, 362, 3U3.
Arkansas Troops (C).

Artillerj', Light — Batteries; Helena, 468.

Cavalry — Battalions; 1st (Phi/er), 788.

Cavalry — liegimentB ; 1st Mounted Kittes, 560,
627; 2d, 627-

Infantry— Sa«a!ionj! .- 1 st, 627, 788.

IntantTj— Regiments : 1st (Fagan),e21 \ 2il, 308,
627, 788 1 3d, 627, 788 ; 4th, 027.

Armories, C. S.
Establishment, etc., 107, 108, 991.
Superintendents, etc., 581.
Arms, Ammnnltion, etc. See Munitions of War.
Armstrong, Buck, 658.
Armstrong, William, 437.
Armstrong, William G., 345, 346.
Army of the Confederate States.
Appropriations for support, 147-149, 173, 338, 3;.'9,

680, 584, 599, 776, 803, 812, 939, 956, 1045, 1070.
Artillery, 127-131, 182, 309, 580, 581, 761, 824, 867,
964, 965, 972, 973, 1045, 1076, 1080.
' Cadets, 267, 327, 508.
I Cliaplains, 252, 275, 327, 595, 706, 1076.
Commanding general, 997, 998.
Constitution, C. S., 139, 143.
Distinction between Provisional and Volunteer,

202,204,205,249.
Drunkenness, 1126, 1127.
Establishment, 117, 119, 127-131, 166, 206, 955.
Foreigners, 993, 994.

Increase of establishment, 126, 127, .326, 327, 331.
537, 680, 581, 866, 867, 904, 940, 941, 960-962,
1054, 1056, 1075, J080, 1110, 1111.
Liquor traffic, 834, 835.
Major-general, creation of grailo, 267,
Measures to preserve health, 691-693.
Members of State Legislatures, 696.
Opinions of Attorney-General, 202, 204, 205, 249.
Organization, strength, etc. ;
Sept. 30, 1861, 626-633.
Dec. 13, 1861, 788-790.
Dec. 31, 1861, 822.
Feb. 10, 186?, ri7.
Mar. 1, 1862, 962-964.
, Mar. 4, 1862, 971.

June 30, 1802, 1176.
Partisan rangers, 1151-1153.
Pay, etc., 147, 254, 425, 426, 580, 757, 758, 782,821,

822, 885, 886, 939, 991, 1059, 1078.
Provisional Constitution, C. S., 94.
Provision for families of killed or wounded, 758.
Regular versus provisional rank, 249.
Regulations. See Regulations, O. S. Army.
Sappers and bombardiers, 331.
Temporary rank, naval officers, 700, 811.
Transfers from line to pa..'tisan corps, 1151.
Universal suffrage, 830.

See also Orgn., Erjui}}., etc., o/ Arrnij.
Army Regulations. See llegnlatione, 0. S. Army.
Arsenals, C. S.
Establishment, etc., 107, 108, 991.
Transfer to C. S. Government, 249, 312, 313, 342.
Arsenals, U. S.

Seizure by State authorities, 49, 102, 312, 313, 393.
Arthur, B. F., 207,208, 1106.
Articles of War.
United States, adopted by Confederacy, 127.
i Artillery Corps, C. S. A.
I Acts of Congress, 127-131, 580, 581, 761, 867, 11)76,

1080.
I Esla,blishment, 127-131.
j Increase of establishment, 580, 581, 867, 1080.

Organization, equipment, etc., 127-131, 182, 580,
I 581, 761, 867, 1076.

INDKX

1183

A-Ra-ra-rs (Indian). 54C.
A-sha-lah Toblie (Indian), 445, 465.
Anile, Vi. S.
Correspondence, Quartermaster- rieiieral's

Office, C. S. A.. 617.
:Mentioncd, 66C.
Athens (Ala.) Union Banner, 83,
Atkins, Jolin I). C.

Correspondence, War Dopartim-nt, ('. S., 508.
Atlanta, Ga.

Proposed convention of States, 58. .'i9.
Atlantic and tiulf Railroad.
Construction of I'^lorida couiiections, 612, 613,
777-779.
Attomey-fjeneral, ('. S.
Opinions, reviews, etc., in cases of:
Conscription act. 1123. 1133.
Provisional and Volunteer Armies, 202, 204,
205, 249.
Attorner-CienerarsOflire, ('. S.
Correspondence :
Davis, .Teffcrson, 1092.
Louisiana, Governor of. 2T2.
War Department, C. S., 202, 2!U, u 23.
Watts, T. H., Attorney-General, 10115.
See also Justice^ Departmnil of, (\ S.
Augnst, Thomas P., 6'!0.
Aagnsta Arsenal, Ga.

Design.ttioD, 991.
Augustus Captain (Indian), 645.
ATfgno, Anatole P., 750.
Arery, William T., 790.
Ayerj, William W.

Correspondence, .Jeffer.soii Davis, 946.
A-ira-he (Indian), 546.
Aymar, W. H.
Correspondence :
Conrad, CM., 270.
War Department, C. .S., 275.
Mentioned, 271.
Ayre. George S., 1039.
Bacon, Thomas G., 620.
Bahama, Steamer, 1003-1005.
Baker, Alpheus, 46.
Baker, Ednard D., 796.
Baldwin, F. A., 395.
Baldnin, John B., 631.
Baldwin, William E., 62S.
Ball, Dr., 378.
Ball, Arnistead M., 107. .
Ball's Bluff, Va.

Engagement, Oct. 21, 1861, 79ii, T9T.
Bamberg, Ship, 373, 376, 422.
Bands, Military.
Pay, 1059.

Principal mnsicians, 780.
Banking Institutions.
Agreement between B. F. Butler and bank j resi-
dents, 1153.
Sei/.uroofcoinby militaryautboritioH, 1130, 1131,

1147,1148,1153.
Suspension of specie payments, 30-32, 49, 50, 312,
698, 699.
Bank of Louisiana.

Seizure of coin by C.S. authorities, 1147, 1148.
Banks, James.
Correspondence, Governor of Florida, 407.

Banks, .lames— Continued.

M i.<8iou to secure supplies, et^-.., 407, 408.
Baptistn, A. L.
j CorresiHtndence ;

Betterton, W. G., 501.
; CliiiIard,J.E.,501.
, Barbec, William, 058.
R-irbouT, Alfred 91., 107. 118, 1039.
Barker, William N., 687.
Barkham, R. G.

Correspondence, War Departnient, C. .S., 1008.
Barksdale, William, 628, 796.
Barknloo, William, 1113.
Barnard, John G., 316.
Baruett, Timothy, 439.
Itarnwell, John G., 318.
Barnwell, Robert VI,
Correspondence, War Department, C. S.,917-
Mentioned, 99, 116,147.
Barrancas, Fort, Fla.
Bombardment, J.in. 1, 1862. 707.
Seizure, .Ian. 12, 1801, 704.
Barre, Isaac, 87.
Barrett, <i., 1144.
Barringcr, D. M., 91.
Barron, Samuel, 390.
Barrow, Robert II., 750.
Barrow, Robert J., 028. 749.
Barrow, Washington, 297, 2!(8.
Barry, William S., 33,42,43,76,77.91), 110, 147, 193,

1121.
Bartow, Francis S.
Correspoudenee, War Dei).irtnient, C S.. 214, 237.
Mentioned, 59, 99, 116. 147, 1«», 292.
Bass, William A., 1144.
Bassett, Robert II., 1002.
Bate, William B., 629.
Baton Range Arsenal, La.
Designation, 991.

Munitions sold by V. S. Goverimieiit, 07.
Battersby, William, 562, 563.
Battle, A.

Correspondence, War Department.. (IS., 1101.
Battle, Joel A., 630.
Battle, Nicholas W., 978.
Baylor, C. G.

Correspondence, State Department, C. S., 1122.
Baylor, John B.
Correspondence, War Department, C. ,S., 1138.
Mentioned, 791.
Bean, R. II., 666.
Beard, Arthur C, 70.
Beard, James II., 747.
Beauregard, G. T.
Authority to raise volunteers, 119.
Correspondence :
Adjt. and Insp. Gen. 's Office, C. S. A., 174.
Hatch, F.H., 1153.
Louisiana, Governor of, 1149.
Mississippi, Governor of, 101>9, 1110.
Sandidgc, L. D., 113.
War Department, C. S., 119, 174, 1002.
Wigfall,L. T.,174.
Mentioned, 211, 239. 250, 25,3, 262, 271, 273. 309, 413,
414, 006, 007, 019-621,631, 954, 957, 904, 9911,
1093,1122,1130.1131.
liocrniting at Baltimoro, Md., 174.

1184

INDEX.

Beauregard, G. T. — Continued.
Seizure of bank funds at Coliimbua, Miss., 1130,
1131, 1153.
Beanregard, Fort, S.C.

Bombardment and capture, Nov. 7, 1861, 793.
Bearer (Indian), 645.
Beck, Franklin K., 788.
Beckley, Alfred, 030.
Bedell, W. A., 1002.
need, J. J.

Correspondence, "War Department, G. S., 1068.
Belger, James, 165.
Bell, Hiram F.
Correspondence, Georgia Convention, 179.
Mentioned, 132.
Mission to Tennessee, 179-181.
Bell, John, 21C.
Bell, John, Mrs., 216.
Belona Foundry, Richmond, Ya.
Cdnipetition between State and C S. ageutw, 221.
Seizure of ordnance, 204 .
BcltKlioorer, Daniel.
Correspondence, Adjutant and Iiisiwctor Gen-
eral's Office, C. S. A., 504.
Benit, JulcK, lUU.
Benjamin, Judali P.
Acting Secretary of War, 614, 1170.
Correspondence. See Stale De-pariinant, C. S.,-
also Attorney-General's OJIicc,C. S.. and War
Department, C. S.
Mentioned, 249, 266, 276, 497, 503, 608, 614, 615, 620,
668, 692, 696, 702, 712, 713, 720, 722, 723, 734, 775,
776, 787,.«27, 834, 835, 838, 839, 870, 880, 884, 893,
907, 911, 915, 916, 920, 027, 942, 945, 951, 953, 954,
969-971, 976, 982,984, 993, 995, 999, 1005,1007,
1012-1014, 1034, 1042-1044, 1082, 1091, 1166,1170.
Secretary of State, 1005.
Secret.iry of "War, 1176.
Benning, Henry L., 627, 789.
Benton, Samuel, 1121.
Bermuda, Steamer, 614, 615, 617, 618, 623, 633, 667,

668, 088, 1004, 1057, 1175.
Betterton, W. C.
Correspondence :
Baptista, A.L.,501.
Davis, Jefferson, 498.
Lewis, T., 500.
Mentioned, 502, 503.
Billups, John, 853.
Billy Bowlegs (Indian), 523.
Bird, G. G., 781,784,800, 801, 810, 81.5-817, !185,980,

1017.
Bisbie, D. T.
Correspondence, War Dopt., C. S., «00. 801, 843.
Mentioned, 818, 853, 868.
Bis-te-va-na (Indian), 554.
Black, John L.
Correspondence,GovernorofSouth Carolina, 692.
Mentioned, 79u.
Blarkhnrn, John C. C, 254.
Black Dirt (Indian), 442.
Black Dog (Indian), G45.
Blacknall, John, 878.
Blarkstone, William, 1163.
Blakely, Ale.xander T., 346.
BlakeiTOOd, B. AV.
Correspondence, WarDepartment, C. S., 475,401 .

Blauchard, Albert (i., 628, 632,748, 740.
Blauding, James D., 413,629.
Bledsoe, Albert T.
Assistant Secretary of War, 1176.
Chief of the Bureau of War, 1176.
Correspondence. See War Department, V. -V.
Mentioned, 534, 1176.
Blockade.
Attitude of Great Britjiin, 325, 326.
European policy, 563.
Evasion through Mexican ports, 346, 347, 558, 560,

578.
Exportation of n.aval stores, 768-770.
Measures to evade, 346, .347, 354, 356, 373, .376, 418,
422, 423, 467, 486, 487, 493, 494, 541, 542, 558, 560,
564, 565, 577-579, 623, 801, 802, 832, 835, 836, 843-
845, 853, 863, 868, 895, 896, 985, 1055-1057.
Negotiations with foreign governments, 1073.
Flaus for destruction, 347, 348, 695, 696, 892, 893.
Profit from importations tbrougb, 843-845.
Itemarks ;
Davis, Jefferson, 264, 737.
Mann, A. D., 801, 802.
Suitability of North Carolina coast for evasion,

561, 578, 579.
Westlndianshipments, 377, 378, 418, 419, 486, 487,
494, 781, 784, 798-801,806, 807, 810-812, 815-819,
828, 832, 895, 896, 898, 985, 986, 1003-1005, 1055-
1057, 1174, 1175.
Blount, Robert P.

Correspondence, War Department, C. S., 859.
Mythe, A. K., 628.
Boards of Oflicers.
Arkansas Military Board, 366.
Medical examining, 399, 794.
Boeock, Thomas S.
Correspondence, Adjutant and Inspector Gen-
eral's Oiiice, C. S. A., 837.
Bonaparte, Xapolcon. See A'apoleon J.
Bonds. See Finance.
Itondurant, J. \f.
Correspondence, Adjutant and Insi>ector Gen-
eral of Alabama, 1131.
Ronham, D. W. C, 789.
Bonham, Mlllcdge L.
Correspondence, Adjutant and Inspector Gen-
oral of •South Carolina, 132.
Jfentioned, 233, 631.
Bonsall, Eliza, Steamer, 810,829.
Booth, John C.

Correspondence, War'Dept., C. S., 444, 466.
Border Stat« Compromise.
Action V. S. Congress, 29.
Boren,S. D., &Co.,556.
Botelor, Alexander R.

Correspondence, War Department, C. S., 853.
Boudinot, Klias, 359.
Boudlnot, Elias t., 288, 294, 295, 306-308. 310,313,

351, 352, 363-365.
Bounty.
Acts of C. S. Congress ;
Dec. 11,1861,825-827.
Feb. 3, 1862, 903.
Feb. 15, 1862, 940.
Feb. 17, 1862, 944.
Apr.16,1862, 1061, 1096.
Appropriations, 823, 838, 940.

INDEX.

1185

Boiint)'— Ciintinued.
Enlisteil meu retained by couHcriptioii act, 1UG:2,

10C3, 1096.
Enlistments for the war, i79, 181, 824, 1102, 006,

912, 917, 932.
Estimates of .appropriation, 917.
Payments to volunteers, 1029, 1012, 1047, 1151.
Re-enlistment act of Dec. 11, 1861, 825-827, 859,

869, 880, 002, 903. 909, 931.
Eegulatious, C. S. Army, 1051, 1151.
Reorganization of twelve-months' Iroops for the
war, 859, 800, 880, 902, 903, 909, 942.
Bourlanil, James.

Correspondence, Governor of Texas, 322, 31i5.
Bowdre, P. E.

Correspondence, War Dept, C. S., 188, 193-
Bowen, John S., 628, 822.
Bowen & Co.,.'>a5.
Bowlegs, Billy (Indiati), 52:1.
Bojrce, William IV., 99, IIU, 147.
Boyd, William W., 627,789.
Bradford, C'hailes M., 628,780.
Bradford, James A. J., 408,629,789.
Bngg, Braxton.
Correspondence ;
Adjutant and Iiispector General's Office,

C. S. A., 183, 503, 743, 804.
WarDepartment,C. S., 617,713,776,785, 830, 842.
Mentioned, 178, 212, 215, 251. 269, 632, 747, 792, 797,

822, 834, 029, 983, 1171, 1172, 1176.
Reorganization of troops for the war, 747.
Brag^, John.
Correspondence, T. Sanford, 48
Mentioned, 46.
Braneh, Lawrence 0*B., 789.
Brandon, J. H., 1002.
Brasher, John 8. , 70.
Brazelton, William, 630.
Bretlow, T. J., 878.
Breton, Mr., 346.
Bridges, John L.
Correspondence. Sec .V. O. Legislature.
Mentioned, 02.
Brimm, W. Vi., 1144.
Brinkley, B. C, 1008.
Brinton, George W., 430.
I Briscoe, F. A.

Correspondence, Ad.iutaut and Inspector Gen-
eral's Office, C. .S. A., 395.
British Consnls. See Consuls.
British Provinces.

Munitions from. 270, 271, 275.
Brittan, P. H., 150. 151.
Brockcnkrouirh, John 31., 63U.
Brockenkrongh, John W.
Commissioner to "Washington, 90.
Mentioned, 90.
Bronaugh, William \.

Correspondence, War Department, C. S., 233.
Brooke, Walker, 99, 116, 147, 416.
Brooks, William 9.
Correspondence ;
Davis, Jederson, 318, 998.
War Depiirtraent, C. S., 357.

See also Alabama Cunvetition.
Mentioned, 45, 150.

75 B B— SERIES l\, V(iL I

Brougher, OharleK A., 43.
Brown, A. Frank, 739.
Brown, Drury J., 1122.
Brown, Harvey, 797.
Brown, James, 660, 686.
Brown, John, 7,61, :!B2.
Brown, John C, 629.
I Brown, John licnry, 202.
Brown, Joseph £.

Correspondence. Sec Georgia, Governor of.

Mentioned, 48,55, 50-61, 78-80, 167-170, 181, 184,
185, 180, 191, 217, 224, 238, 239, 245, 240, 278, 279,
319, 366, 401, 407, 410, 411, 559, 597, 668, 802, 847,
853, 947, 1078, 1129, 1141, 1169.
Brown, Nelll S.

Correspondence, War Department, C. S., 839.
Brown, Thomas L., 1016.
Browne, William M.

Correspondence. See Stale Departimnt. C. S.

Mentioned, 410.
Brownrigg, B. T., 125.
Bruce, James C, 213,241.
Brumby, Arnoldus V., 300, 627, 7H9
Bruner, William. 440.
Bryan, E. I'liny, (;87.
Bryan, T. S., 740.
Bryant, WUUam, 445,465.
Buchanan, James*

Correspondence, Governor of Alabama, 32.

Mentioned, 22, 32, 49, 60, 61, 80, 89, 91, 110, 156.
Buckner, H. S., 323, 439.
Buekner, Simon B., 377,631.
Bulger, nichael J., 70.
Bulldog, Gun-boat, 816.
Bnlloch, James I)., 541, 10113.
Bullock, Edward C.

Alabama commissioner In Florida, 30, 53, 54.

Correspondence :
Alabama. Governor of, 53.
Alabama Convcnf i(m, 33.
Florida Convention, 46.

Mentioned, 30, 33, 626, 788.
Bureau of Indian Affairs, C. S.

Estimates of appropriations. !»80.

Hubbard, D., Coraniisfiionei' ol", 1176.

Organization, etc., 248.
Bureau of War, C. S.

Bledsoe, A. T., Chief, 1 170.

Ke.in.R.G.H., Chief, 1176.
Burford, IVathanipl M., 970, 1064.
Burgevin, Edmund.

Correspondence. See Arkaiuoj', Adjt. Oen. n/.
Burke, Edmund, 87.
Burks, Jesse S., 630.
Burnett, Henry C, 740, 743, 755.
Burnett, John II., 1006.
Burnett, Theoiloro L., 740.
Bnrrcss, John T., 1002.
Burt, E. B., 628,796,797.
Burt, Nash H.

Correspondence. See Tennessee. Oooernor of.
Burton, James H.

Correspondence :
Dimmoek, C, 379, 471, 472.
Ordnance Dei)artment, C. S. A., 471, 509.

Mentioned, 470, 482, 509.

1186

INDEX.

Burton, William.

Correspondence. See Delaware, Oovenior of.

Mentioned, 22, 33, 34, 122. 1 52.
Iturtwell, Joliii.

Correspondence, Governor of Alabama, 91
Bash, Louis, 751.
Butler, Benjamin F.

Agreement with bank i>resi<lentH, 1153.

Mentioned, 1153.
Butler, K. C. W., 750.
Butler, William, 413.
Butt, John D., 363, 407.
C'a-cn-dia (Indian), 546.
Csddo Indians.

Mission of Albert Pike, 359-301.
Cadets, 0. S. Hfililary.

Acts of Congress, 327, 508.

Beraarks, Jefferson Bavis, 267.
Cadets, V. S. Military Academy.

Entry into C. S. Fervice, 113.
Cado-Ha-da-chos Indians.

Treaty "with Confederate States, 542-548, 813.
Cahnzar, Mr., 501.
Cahuzac & Co., 502.
Calhouii, Steamer, ^05.
Calhoun, James L., 493, 1042, 1047, 1082.
Calhoun, James M.

Alabama commissioner to Texas. .30, 71-76.

Correspondence :
Alabama, Governor of, 71.
Texas, Governor of, 71, 72

Mentioned, 30.
Calhoun, John C, 1100.
Calhoun, William K., 1089.
Calls for Troops (C).

Mar. 9, 18G1, 133, 170, 178, 185, 252.

Apr. 8, 1861 , 211, 217, 219, 221-223, 252.

Apr. 16, 1801, 221-223, 228, 252.

Apr. 17-25, 1861, 253.

June 30,1861,411,412,583.

Feb. 2, 1862, 902, 003, 905, 906.

Mar. 8, 1862, 984.

Congress, C. S., 120, 127, 869.

Reserve Corps, 412.
Calls for Troops (l'.).

Apr. 15, 1861, 220. 222, 223, 228, 229, 231, 232, 950.
Cameron, Simon.

Correspondence. See War Department, U. S.
Camp, R. C, 753.
Campbell, B. C.

Correspondence :
Delaware, Governor of, 123.
Georgia Convention, 122.

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